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JOURNAL 


OF    THE 


CONVENTION, 

ASSEMBLED  AT  SPRINGFIELD, 
JUNE  7,  1847, 


IN     PURSUANCE  OF     AN   ACT     OF     THE     GENERAL     ASSEMBLY     OF     THE    STATE     OF 

ILLINOIS,     ENTITLED     UAN      ACT     TO  PROVIDE  FOR  THE  CALL    OF  A 

CONVENTION,"  APPROVED,  FEBRUARY     20,  1847, 

FOR  THE    PURPOSE  OF 


ALTERING,  AMENDING,  OR  REVISING 
THE  CONSTITUTION 

OF    THE 

STATE -OP  ILLINOIS. 


PUBLISHED  BY  AUTHORITY  OF  THE  CONVENTION. 


SPRINGFIELD: 

LANPHIER  &  WALKER,  PRINTERS. 
1847. 


7 


JOUMAL  OF  THE  CONVENTION. 


In  pursuance  of  an  act  of  the  general  assembly  of  the  state  of  Illinois, 
entitled  "An  act  to  provide  for  the  call  of  a  convention,"  approved,  Feb- 
ruary 20, 1847,  members  elected  to  said  convention  appeared  in  the  hall 
of  the  house  of  representatives,  at  the  city  of  Springfield,  at  3  o'clock,  P. 
M.,  on  Monday,  the  seventh  day  of  June,  A.  D.  1847,  the  secretary  of 
state,  Horace  S.  Cooley,  being  in  attendance. 

The  convention  was  called  to  order  by  Francis   C.  Sherman,   of  Cook 
county;  upon  whose  motion,  Zadok  Casey,  of  Jefferson,  was  unanimously 
elected  president,  pro  tempore,  of  the  convention. 
On  motion  of  Mr.  Scates, 

Louis  M.  Booth,  of  the  county  of  Adams,  was  appointed  secretary,;?™ 
tempore,  and  John  A.  Wilson,  of  Hamilton  county,  door-keeper,  pro 
tempore. 

On  motion  of  Mr.  Thompson, 

A  call  of  the  members  elect  to  the  convention,  was  ordered. 
On  motion  of  Mr.  Dement, 

Henry  W.  Moore,  of  the  county  of  Gallatin,  was  elected  assistant  sec- 
re  tary,joro  tempos. 

On  motion  of  Mr.  Sherman, 

William  J.  Kline,  of  the  county  of  Kane,  was  appointed  assistant  door- 
keeper, pro  tempore. 

The  call  of  members  of  the  convention  progressed,  and  the  following 
named  persons  appeared,  presented  certificates  of  their  election  as  such 
members,  and  took  their  seats: 

Adams  county — William  Laughlin,  William  B.  Powers,  Jacob  JVL 
Nichols.  ^ 

Adams  and  Highland  counties — Archibald  Williams.     */ 

Alexander  and  Pulaski  counties — Martin  Atherton. 

Bond  county — Michael  G.  Dale. 

Boom  county— Darnel  H.  Whitney. 

Brown  county — James  W.  Singleton,     i^  ^ 

Brown  and  Schuyler  counties — James  Brockman,  Alexander  McHatton. 

Bureau  county — Simon  Kinaey.  v 

Calhoun  and  Jersey  counties — William  Bosbyshell. 


4  JOURNAL  OF  THE  CONVENTION.  {June  7. 

t/' 

Carroll  and  Ogle  counties — Garner  Moffett. 

Cass  county — Henry  E.  Dummer.     "^ 

Champaign  and  Vermilion  counties — Thompson  R.   Webber. 

Christian  and  Shelby  counties — 1).  D.  Shumway.   *" 

Clark  county — William  Tutt,  Justin  Harlan.     *- 

Clark,  Edgar  and  Coles  counties — Uri  Manly.       •*•"" 

Clinton  county — Benjamin  Bond.     *^ 

Coles  county — Thomas  A.  Marshall,  Thomas  Trower. 

Cook  county — Patrick  BaJlingall,  Francis  C.  Sherman,  Reuben  E.  Hea- 
cock,  E.  F.  Colby. 

Crawford  comity — Nelson  Havvley. 

Cumberland  and  EJfingham  counties — William  II.  Blakely.  *" 

De  Kail)  county — George  H.  Hill. 

De  Witt  county — George  B.  Lemon.     •- 

Du  Page  county — Jeduthan  Hatch.    \^ 

Du  Page  and   Will  counties — Samuel  Anderson.    v 

Edgar  county — William  Shields,  George  W.  Rives. 

Edwards  and  Wayne  counties — Alvin  R.  Kenner.    L 

Fayetie  county — John  W.  F.  Edmonson,  Joseph  T.  Eccles. 

Franklin  county — John  W.v  Akin.  v^  t 

Fulton  county — David  Markley,  Hezekiah  M.  Wead,  Isaac  Lin  ley* 
George  Kreider.  \s 

Gallatin  county — Albert^  G.  Caldwell,  Jacob  Smith.  v^ 

Greene  county — Franklin  Witt,  L.  E.  Worcester,  D.  M.  Woodson. 

Grundy  and  La  Salle  counties — George  W.  Armstrong. 

Hancock  county — Thomas  C.  Sharpe,  George  S.  Moore,  Robert  Miller, 
Thomas  Geddes. 

Hard  in  and  Gallalin  counties — Andrew  McCallen.  *• 

Henderson  county — Gilbert  Turnbull. 

Henry  and  Knox  counties — Joshua  Harper.     '< 

Highland  county — Lewis  J.  Simpson. 

Iroquois  and  Will  counties — Jesse  O.  Norton.          ~ 

Jackson  county — Alexander  M.  Jenkins. 

Jasper  and  Crawford  counties — Richard  G.  Morris. 

Jefferson  county — Franklin  S.  Casey.  ^ 

Jejferson>  Marion  and  Franklin  cowries— Zadok  Casey,  Walter  B. 
Scales. 

Jersey  county — A.  R.  Knapp.       ^ 

Jo  Damess  county — Thompson  Campbell,  W.  B.  Green,  O.  C.  Pratt* 

Johnson  county — John  Oliver. 

Kane  county — Alfred  Churchill,  Augustus  Adams,  Thomas  Judd. 

Kendall  county — John  West  Mason. 

Knox  county — Curtis  K.  Harvey,  James  Knox. 

Lake  county — Horace  Butler,  Hurlbut  Swan. 

La  Salle  county — William  Stadden,  Abraham  Hoe?. 

Lawrence  county — John  Mieure. 

Lee  county — John  Dement.    ^ 

Livingston  and  McLean  counties — Samuel  Lander. 

Logan  county — James  Tuttle. 

McLean  cou nty— David  Davis, 


June  7.]  JOURNAL  OF  THE  CONVENTION.  5 

Mason  county — F»  S.  D.  Marshall, 

Macoupin  county — James  Graham,  James  M.  Palmer. 

McDonough  county— James  M.  Campbell. 

McDonough  and   Warren  counties — John  Huston. 

McHenry  county — John  Sj,bley,  Peter  W.   Deitz. 

Madison  county — Cyrus  Edwards,  E.  M,  West,  Benaiah  Robinson, 
George  T.v  Brown. 

Marshall  and  Stark  counties — Henry  D.  Palmer. 

Marion  county — George  W.   Pace* 

Macon  and  Piaffi  counties — Edward  O.  Smith, 

Massac  county — Thomas  G.  C.  Davis. 

Menard  county — Benjamin  F.  Northco-tt. 

Mercer  county — Frederick  Frick. 

Montgomery  county — Hiram  Rountree,     *"" 

Montgomery  and  Bond  counties — James  M.  Davis. 

Moultrie  and  Shelby  counties — Anthony  Thornton. 

Mjrgan  county — Newton^Cloud,  James  Dunlap.  William  Thomas. 

Monroe  county —  James  A.  James,  John  D.v  Whiteside. 

Ogle  county — D.  J.  Pinckney. 

Perry  county — H.  B.  Jones. 

Perry,  Washington  and  Clinton  Bounties— Jolm  Grain*    ^/ 

Peoria  county—  VVrilliam  W.  Thompson,  Lincoln  B.  Knowlton 

Peoria  and  Fulton  counties — Onslovv  Peters.   *"" 

Pike  county — William  It.  Archer,  Harvey  Dunn,  William  A,  Grimshaw. 

Pope  county — William  Sim. 

Putnam  county — Oaks  Turner. 

Randolph  ou>(ty — Ezekiel  W.  Robbins,  Richard  B.  Servant.    ^ 

Richland  county — Alfred  Kitchell. 

Rock  Island  county — John  W.  Spen-cec. 

Sangamon  county — John  Dawson,  James  II.  Matheny,  Ninian  W. 
Edwards,  Stephen  T.  Logan, 

Scott  connty — N.  M.'Knapp,  Daniel  Dunsmore. 

Schuyler  county— William  A.  Minshall. 

Shelby  county — Edward^Evey.  ^ 

St.  Clair  county— Wm.  W.  Roman,  Wm.  C.  Kinney,  John  JVfcCully, 
(George  Bunsen.  y 

Stephenson  county — Seth  B.  Farwell,  Thomas  B.  Carter. 

Tazewsll  county — William  H.   Holmes. 

Union  county — Samuel  Hunsaker. 

Vermilion  county — John  Canady,  John   W.  Vance, 

Wabash  county— Charles  H»  Constable* 

Warren  county — Abner  C.  Harding. 

Washington  county — Zenos  11.  Vernor. 

Wayne  county — James  M.v  Hogue. 

Whiteside  county — Aaron  C.  Jackson. 

White  coun'y — S.  SnowdeH  Hayes,  Daniel  Hay. 

W&odford  county — Samuel  J.  Cross. 

Winnebago  county — Splden  M.  Church,  Robert  J.  Cross. 

Williamson  county — John  T.'Loudon. 

Williamson,  Franklin  and  Jackson  counties — Willis  Allen. 


6  JOURNAL  OF  THE  CONVENTION.  {June  7. 

Will  county — Hugh  Henderson,  William  McClure.      * 

Mr.  States  offered  for  adoption  the  following: 

Resolved,  That  each  delegate  of  this  convention,  before  proceeding  <o  the 
transaction  of  any  business,  take  an  oath  to  support  the  constitution  of 
the  United  States;  which, 

On  motion  of  Mr.   Minshall, 

Was  amended  by  adding:  "and  to  faithfully  discharge  the  duties  of  their 
offices  as  dekgates  to  this  convention,  for  the  purpose  of  revising  and 
amending  the  constitution  of  the  State  of  Illinois." 

Ordered,  That  the  resolution  as  amended  be  adopted. 
On  motion  of  Mr.  Dawson, 

William  Lavely,  a  justice  of  the  peace,  of  Sangamon  county,  was  intro- 
duced for  the  purpose  of  administering  the  oath  prescribed. 

Mr.  Logan  moved  that  the  oath  be  administered  to  members  collec- 
tively, they  standing  by  their  scats,  with  an  uplifted  hand. 

And  the  question  being  put,  it  was  decided  in  the  negative. 

The  oath  was  then  administered  to  members,  as  they  were  called,  in 
convenient  numbers,  in  alphabetic  order. 

Mr.  Servant  moved  that  the  convention  adjourn  until  to-morrow  morn- 
ing, at  ten  o'clock. 

The  question  being  taken  thereon,  was  decided  in  the  negative. 

Mr.  Bond  introduced  the  following  resolution;  which  was  read  and 
adopted. 

Resolved,  That  we  will  now  proceed  to  organize  this  convention,  by 
elacting  a  president,  one  secretary,  and  one  sergeant-at-arms,  and  that 
no  other  officers  shatt  be  constituted  or  appointed  until  it  becomes  neces- 
sary, in  the  opinion  of  the  president  and  principal  secretary,  to  employ 
some  competent  person  to  assist  the  secretary  in  the  discharge  of  his  duties, 
when  the  secretary  may  employ  a  competent  assistant  to  whom  shall  be 
paid  the  sum  of  two  dollars  per  day,  while  necessarily  employed:  Provi- 
ded, the  scrgeant-at-arms  may,  in  his  discretion,  employ  some  able-bodied 
person  to  assist  him  in  discharging  his  duties,  to  whom  there  shall  be 
paid  a  sum  of  one  dollar  per  day  for  each  day  he  is  necessarily  employed, 
and  he  may  employ  two  active,  orderly  and  competent  boys  as  messen- 
senger?,  &c.,  who  shall  each  be  paid  the  sum  of  fifty  cents  per  day  for  the 
time  employed. 

The  convention  then  proceeded  to  the  election  of  a  president  by  ballot- 
Messrs.  Dunlap,  Lcgan  and  Scatcs  were  appointed  tellers. 

The  ballots  having  been  taken  and  counted,  the  following  result  was 
announced: 

For  Newton  Cloud,  of  Morgan  county,  eighty-four  votes. 

For  Zadok  Casey,  of  Jefferson  county,  sixty-five  votes. 

For  Archibald  Williams,  of  Adams  county,  two  votes. 

For  Cyrus  Edwards,  of  Madison  county,  two  votes. 

Mr.  Newton  Cloud,  having  received  a  majority  of  all  the  votes  given, 
was,  by  the  president,  pro  tempore,  of  the  convention,  declared  duly 
elected  president  of  the  convention. 

The  president,  pro  tempore,  appointed  Mescrs.  Thompson  and  Hay  to 
conduct  the  president  clert  to  the  chair. 


June!.]  JOURNAL  OF  THE  CONVENTION.  7 

That  duty  having  been  performed,  the  president  said: 

Gentlemen  of  the  convention:  It  is  but  proper,  on  entering  upon  the  dulj 
assigned  by  the  choice  just  made,  that  I  should  return  you  my  most  sincere 
thanks  for  the  honor  you  have  conferred. 

I  enter  upon  the  discharge  of  the  duties  of  presidentof  this  convention 
with  much  embarrassment,  for  I  feel  that  I  have  a  difficult  and  important 
duty  assigned  me, 

I  can  only  promise  that  my  best  efforts  shall  be  made  to  discharge  that 
duty  faithfully  and  impartially,  and  that  all  the  little  ability  that  I  possess 
shall  be  devoted  to  the  despatch  and  furtherance  of  the  public  business. 
I  will  not  allude,  however  remotely,  to  the  great  subjects  upon  which-we 
have  been  called  to  act,  but  will  conclude  by  returning  you  again  my 
sincere  thanks  for  the  honor  you  have  conferred  on  me. 

The  convention  proceeded  to  the  election  of  a  secretary  of  the  con- 
vention. 

Mr.  Williams  nominated  James  M.  Burt,  of  Adams  county. 

Mr.  Ballingall  nominated  Henry  W.  Moore,  of  Gallatin  county. 

The  vote  being  taken  on  said  nominations,  showed  that  Mr.  Moore 
received  ninety-one  votes;  Mr.  Burt,  received  fifty-nine  votes;  S.  S. 
Brooks,  received  one  vote: 

Those  who  voted  for  Mr.  Moore,  are, 

Messrs.  Adams,  Allen,  Akin,  Anderson,  Archer,  Armstrong,  Ather- 
ton,  Blair,  Blakely,  Ballingall,  Brockman,  Bosbyshell,  Brown,  Bunsen, 
Butler,  Grain,  Caldwell,  Campbell  of  Jo  Daviess,  Campbell,  of  McDon- 
ough,  Carter,  F.  S.  Casey,  Z.  Casey,  Colby,  Constable,  Cross  of  Wood- 
ford,  Cloud,  Churchill,  Dale,  Davis  of  Montgomery,  Davis  of  Massac, 
Dement,  Dunlap,  Dunn,  Edmonson,  Evey,  Farwell,  Frick,  Harvey, 
Hatch,  Hawley,  Hay,  Hayes,  Heacock,  Henderson,  Hill,  Hoes,  Hogue, 
Hunsaker,  Huston,  James,  Jenkins,  Kreider,  Kinney  of  Bureau,  Kinney, 
of  St.  Clair,  Kitchell,  Laughlin,  Linley,  Loudon,  McClure,  McHatton, 
Manly,  Markley,  Mieure,  Moffett,  Moore,  Morris,  Nichols,  Oliver,  Pace, 
Palmer  of  Macoupin,  Pratt,  Peters,  Powers,  Robinson,  Rountree,  Scates, 
Sharpe,  Stadden,  Shields,  Sherman,  Simpson,  Smith  of  Gallatin,  Shum- 
way,  Thompson, Thornton,  Trower,  Tutt,  Vernor,  Wead,  Webber,  Witt, 
Whiteside  and  V'Vorcester. — 91. 

Those  who  voted  for  Mr.  Burt,  arc, 

Messrs.  Bond,  Canady,  Cross  cf  Winneb.igo,  Church,  Davis  of  Mc- 
Lean, Deitz,  Dawson,  Dummer,  Dunsmore,  Edwards  of  Madison,  Ed- 
wards of  Sangamon,  Eccles,  Graham,  Geddes,  Green  of  Jo  Daviess, 
Grimshaw,  Harding,  Harlan,  Harper,  Holmes,  Jackson,  Jones,  Judd, 
Knapp  of  Jersey,  Knapp  of  Scott,  Kenncr,  Knowlton,  Knox,  Lander, 
Lemon,  Logan,  McCallen,  Marshall  of  Coles,  Marshall,  of  Mason,  Ma- 
theny,  Miller,  Minshall,  Northcott.  Norton,  Palmer  of  Marshall,  Pinck- 
ney,  Rives,  Roman,  Swan,  Spencer,  Servant,  Sibley,  Sim,  Singleton, 
Smith  of  Macon,  Thomas,  Turnbul!,  Turner,  Tuttle,  Vance,  West,  Wil- 
liams, Whitney  and  Woodson. — 59. 

Mr.  Robbins  voted  for  S,  S.  Brooks. 

Henry  W.  Moore,  having  received  a  majority  of  all  the  votes  given, 
was,  by  the  president,  declared  duly  elected  secretary  of  "the  Convention 
to  alter,  amend  and  revise  the  constitution  of  the  State  of  Illinois," 


JOURNAL  OF  THE  CONVENTION.  [June  7. 


On  motion, 

The  convention  proceeded  to  the  election  of  a  sergeant-at-arms. 

Mr.  Allen  nominated  John  A.  Wilson,  of  Hamilton  county. 
On  motion  of  Mr.  Edwards  of  Sangamon, 

The  question  was  put  by  division,  and  decided  in  the  affirmative. 

Whereupon,  the  president  declared  John  A.  Wilson  duly  elected  ser- 
geant-at-arms of  said  convention. 

Mr.  Thomas  moved  that  the  convention  adjourn  until  to-morrow  morn- 
ing at  ten  o'clock. 

The  question  being  taken,  was  decided  in  the  negative. 

Mr.  Campbell  of  Jo  Daviess   moved  that  the  convention  do  now   pro- 
ccrd  to  the  election  of  a  printer. 

Mr.  Servant  moved  to  lay  the  motion  on  the  table;  the  motion  having 
been  taken,  was  decided  in  the  affirmative. 

Mr.  Logan  offered  the  following  resolution: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  president  to  re- 
ceive proposals  for  the  printing   the  proceedings  of  the  convention,  and 
that  they  be  directed  to  report  said  bids  to  the  convention. 
On  motion  of  Mr.  Dement, 

The  resolution  was  laid  on  the  table,  by  yeas  and  nays:  J^6'18' 
Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blakely 
Ballingall 
Brockman 
Bosbyshell 
Brown 
Bunsen 
Butler 
Caldwell 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Zadok  Casey 
Colby 

Cross  of  Woodford 
Cloud 
Churchill 
Dale 
Dement 
Dunlap 


Mr.  Dunn 

Edmonson 

Farwell 

Frick 

Harvey 

Hatch 

Hawley 

Heacock 

Henderson 

Hill 

Hoes 

Hogue 

Hunsaker 

Huston 

Jenkins 

Kreider 

Kinney  of  St.  Clair 

Kitchell 

Lander 

Laughlin 

Liriley 

Loudon 

Me  Cully 

McClure 

McHatton 

Manly 


Those  voting  in  the  negative,  are, 


Mr.  Bond 
Grain 
Canady 
Constable 

Cross  of  Winnebago 
Church 


Mr.  Davis  of  Bond 
Davis  of  McLean 
Dawson 
Deitz 
Dummer 
Dunsmore 


Mr.  Markley 
Moffett 
Moore 
Morris 
Nichols 
Oliver 
Pace 

Palmer  of  Macoupin 
Pratt 
Peters 
Powers 
Robinson 
Rountree 
Scates 
Sharp  e 
Stadden 
Shields 
Sherman 
Simpson 

Smith  of  Gallalin 
Sh  urn  way 
Tutt 
Vernor 
Wead 
Webber 
Worcester. 


Mr.  Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Evey 
Graham 
Geddes 


Jam 


JOURNAL  OF  THE  CONVENTION. 


9 


Mr.  Green  of  Jo  Daviess 
Grimshaw 
Harding 
Harlan 
Harper 
Hay 
Hayes 
Holmes 
James 
Jones 
Judd 

Knapp  of  Jersey 
Knappof  Scott 
Kenner 

Kinney  of  Bureau 
Knowlton 
Knox 
Lemon 


Mr.  Logan 
•      Me  Call  en 

Marshall  of  Coles 

Marshall  of  Mason 

Mason 

Matheny 

Mieure 

Miller 

Minshall 

Noithcott 

Norton 

Palmer  of  Marshall 

Pinckney 

Rives 

Robbins 

Roman 

Swann 

Spencer 


Mr.  Servant 
Sibley 
Sim 

Singleton 
Smith  of  Macon 
Thomas 
Thornton 
Trower 
Turnbull 
,  Turner 
Tuttle 
Vance 
West 
Williams 
Witt 

Whiteside 
Whitney 
VVoodson. 


Mr.  Campbell  of  Jo  Daviess,  moved  to  proceed  to  the  election  of  a 
printer. 

Mr.  Williams  moved  to  lay  the  motion  on  the  table,  the  question  having 
been  taken,  was  decided  in  the  affirmative. 

On  motion  of  Mr.  Edwards  of  Madison, 

Resolved,  That  the  secretary  be  directed  to  call  upon  the  clergy  of  the 
different  denominations  in  the  city,  and  to  solicit  an  arrangement  among 
themselves,  for  opening  every  morning  by  prayer  <he  meetings  of  the 
convention. 

Mr.  Butler  offered  the  following  resohition: 

Resolved,  That  the  convention  will  be  governed  by  the  rules  of  the  last 
session  of  the  legislature  until  others  are  adopted. 

On  motion  of  Mr.  Thomas, 
The  resolution  was  laid  on  the  table. 

On  motion  of  Mr.  Edwards  of  Madison, 

Resolved,  That  a  committee  uf  five  l>e  appointed  to  prepare  and  report 
rules  and  regulations  for  the  government  of  the  convention. 

Ordered,  That  Messrs.  Edwards  of  Sangamon,  Sherman,  Zadok  Casey, 
Woodson,and  Demejit  be  said  committee. 

On  motion  of  Mr.  Ballingall, 

Resolved,  That  the  secretary  prepare  ballots  properly  numbered  for 
seats  for  the  members  of  this  convention,  and  that  the  members  proceed 
thereafter  to  draw  the  ballots  for  their  respective  seats. 

On  motion  of  Mr.  Palmer  of  Macoupin, 

Resolved,  That  the  editors  and  reporters  of  the  newspapers  published 
in  this  state  be  allowed  seats  within  the  bar  of  this  hall. 

On  motion  of  Mr.  Whitney, 
The  convention  adjourned  until  to-morrow  morning,  at  10  o'clock. 


10  JOURNAL  OF  THE  CONVENTION.  [June  8. 

TUESDAY,  JUNE  8,  1?47. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Barger. 
On  motion  of  Mr.  Brocknrwn, 

Resolved,  That  for  the  comfort  and  convenience  of  the  members  of  this 
convention,  thesergeant-at-arms  be  instructed  to  have  removed  the  railings 
from  the  hall,  and  to  place  the  seats  of  members  farther  back  towards  the 
corners  of  the  hall. 

Mr.  Wead  offered  for  adoption  the  following  : 

Ordered,  That  so  much  of  the  resolution  adopted  on  yesterday,  on  the 

motion  of  the  member  from  Clinton,  as  provides  for  limiting  the  number 

and  pay  of  officers  of  this  convention,  be  rescinded. 

On  motion, 

The  convention  adjourned  to  three  o'clock,  p.  M. 


THREE  O'CLOCK,  r.  M. 


The  convention  met. 

Peter  Green,  member  of  the  convention  elect  from  the  county  of  Clay, 
and  Henry  R.  Green,  member  from  the  county  of  Tazewell,  appeared, 
presented  their  certificates  of  election,  and  were  qualified  as  prescribed, 
by  J.  W.  Keys,  esq. 

The  question  pending  at  the  adjournment  being  upon  the  adoption  of 
the  rescinding  order  offered  by  Mr.  Wead, 

Mr.  Harvey  moved  that  that  order  be  amended  by  striking  it  out  after 
the  word  "  ordered,"  and  adding  : 

"  That  the  members  of  this  convention,  arid  all  officers  of  the  same,  re- 
ceiving  a  per  diem  compensation,  shall  receive  the  sum  of  two  dollars  and 
fifty  cents  only  per  day,  for  their  services  in  this  convention." 

Mr.  Palmer  of  Marshall    moved  that  the  amendment  be  amended  1 
striking  out  the  words  "and  fifty  cents." 
On  motion  of  Mr.  Scates, 

Ordered,  That  the  order  and  proposed  amendments  be  laid  on  the 
table. 

Mr.  Edwards  of  Madison,  from  the  committee,  appointed  on  yesterday, 
to  prepare  and  report  rules  for  the  government  of  the  convention,  made 
report  of  the  following  : 

RULE  1.  On  fhe  appearance  of  a  quorum  the  president  shall  take  the 
chair,  and  the  convention  be  called  to  order. 

RULE  2.     Reading  of  the  minute?  and  corrections. 

RULE  3.  The  president  shall  preserve  order  and  decorum,  and  decide! 
questions  of  order,  subject,  to  an  appeal  to  the  convention.  He  shall  have 
the  right  to  name  any  member  to  perform  the  duties  of  the  chair;  but 
such  substitution  shall  not  extend  beyond  the  hour  of  adjournment. 

RULE  4.     All  motions  and  addresses  to  be  made  to  the  president. 


June  8.]  JOURNAL  OF  THE  CONVENTION.  11 

RULE  5.  No  motion  to  be  debated  or  put,  unless  seconded  ;  and  all  to 
be  reduced  to  writing,  if  required  by  the  president,  or  any  member  of  the 
convention. 

RULE  6.     Yeas  and  nays  to  be  called  for  by  ten  members. 

RULE  7.     President  to  name  who  has  the  floor. 

RULE  8.  No  interruption,  and  on  a  call  to  order,  a  member  must  sit 
down. 

RULE  9.  No  conversation  whilst  a  member  is  speaking,  and  no  passing 
between  a  member  who  is  speaking  and  the 'chair. 

RULE  10.     No  reference  to  members  names  in  debate. 

RULE  11.  Motion  can  be  withdrawn  by  mover  before  question  is  puty 
and  amendment  made,  and  another  member  may  put  the  same. 

RULE  1'2.  All  committees  to  be  appointed  by  the  president,  unless  oth- 
erwise ordered. 

RULE  13.  None  to  be  admitted  inside  the  bar,  except  members  or  offi- 
cers, without  permission  of  the  president,  or  upon  a  vote  of  the  conven- 
tion in  favor  of  their  admission. 

RULE  14.  The  previous  question  shall  always  be  in  order  in  conven- 
tion if  seconded  by  a  majority,  and  until  it  is  decided  all  amendments  and 
debate  shall  be  precluded.  The  question  shall  be  put  in  this  form  "  shall 
(he  main  question  be  now  put?"  If  it  shall  be  decided  that  the  question 
should  not  now  be  put,  the  main  question  shall  still  remain  under  consid- 
eration. If  seconded,  the  questions  will  then  be  taken  in  their  order  with- 
out further  debate. 

RULE  15.  In  forming  committees  of  the  whole,  the  president,  before 
leaving  the  chair,  shall  appoint  a  chairman. 

RULE  16.  No  member  shall  speak  more  than  twice  to  the  same  ques- 
tion without  leave,  nor  more  than  once,  until  every  other  member  rising 
to  speak  shall  have  spoken. 

RULE  17.  A  motion  lor  reconsideration  shall  be  in  order  at  any  time, 
and  may  be  moved  by  any  member  of  the  convention.  But  the  question 
shall  not  be  taken  on  the  same  day  unless  by  unanimous  consent.  If  the 
motion  to  reconsider  is  not  made  on  the  same  day,  three  days'  notice  shall 
be  required  to  be  gitfen  of  the  intention  to  make  it. 

RULE  18.  The  preceding  rules  shall  be  observed  in  committee  of  the 
whole,  so  far  as  they  are  applicable,  except  so  much  of  the  17th  rule  as 
restricts  the  speaking  to  more  than  twice.  A  call  for  the  yeas  and  nays, 
and  a  motion  to  adjourn  shall  not  be  applicable,  but  a  journal  of  the  pro- 
ceedings in  committee  shall  be  kept. 

RULE  19.  The  president  may  admit  such,  and  as  many,  reporters  with- 
in the  bar  as  he  may  deem  proper. 

RULE  20.     The  order  of  business  shall  be  as  follows: 

1st.  After  the  reading  of  the  journal,  petitions. 

2d.  Communications  from  the  governor,  the  state  officers,  and  from  all 
other  persons  to  whom  enquiries  may  be  addressed  by  order  of  the  con- 
vention. 

3d.  Reports  of  committees. 

4th.  Motions,  resolutions,  and  notices. 

5th.  Unfinished  business. 

Gth.  Special  orders. 


12  JOURNAL  OF  THE  CONVENTION.  [June  S. 

7th.  General  orders. 

RULE  21,     Upon  a  division  and  count  of  the  convention  on  any  ques- 
tion, no  member  without  the  bar  shall  he  counted. 

RULE  ^2.  Every  member  who  shall  be  in  the  convention  -when  the! 
question  is  put  shall  give  his  vote,  unless  the  convention,  for  special  reasons, 
shall  excuse  him. 

RULE  !23.  The  following  shall  be  the  standing  committees  of  the  con-f 
vention,  to  wit  : 

1st.  Committee  on  the  Executive  Department. 

2d.  Committee  on  the  Judiciary  Department. 

3d.  Committee  on  the  Legislative  Department. 

4th.  Committee  on  the  Bill  of  Rights. 

5th.  Committee  on  Incorporations. 

6th.  Committee  on  Revenue. 

7th.  Committee  on  Elections  and  the  Right  of  Suffrage. 

8th.  Committee  on  Finance. 

9th.  Committee  on  Education. 

10th.  Committee  on  the  Organization  of  Departments  and  officers  con- 
nected with  the  Executive  Department. 

1 1th.  Committee  on  the  Division  of  the  State  into  Counties,  and  theiri 
Organization. 

The  president  put  the  question  upon  concurring  with  the  committee  in| 
their  report,  and  the  adoption  of  the  rules;  which  was  decided  in  the! 
affirmative. 

On  motion  of  Mr. 

Hon.  John  McLean,  justice  of  the  supreme  court  of  the  United  States, 
was  invited  to  a  seat  within  the  bar  of  the  hall. 

Mr.  Dawson  moved  that  the  secretary  procure  the  printing  of  30 
copies  of  the  rules  just  adopted,  for  the  use  of  the  convention  ;  whic 
motion,  was, 

On  motion  of  Mr.  Scates, 

Laid  on  the  table. 
On  motion, 

The  convention  adjourned  to  10  o'clock  to-morrow  morning. 


WEDNESDAY,  JUNE  9,  1847. 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Bergen. 

Mr.   Geddes  presented  the  certificate  of  election   of  one  of  his  co 
leagues,  Mr.  Charles  Choate,  member  from  Hancock  ;  and  Mr.  Whittle 
the   certificate  of    Stephen  A.   Hurlbut,  member    from   McHenry   am 
Boone. 

Messrs.  Choate  and  Hurlbut  then  appeared,  and  the  oath  of  office  wa 
administered  to  them  by-Wm.  Lavely,  esq, 

Mr.  Dement  offered  for  adoption  the  following  : 

Resolved^  That  the  governor,  secretary  of  state,  treasurer,  and  audito 
of  state,  the  judges  of  the  supreme  court  of  Illinois,  and  of  the  Unite 


fune  9.]  JOURNAL  OF  THE  CONVENTION.  13 

States  circuit  and  district  courts,  be  invited  to  take  seats  within  the  har 
of  the  hall,  during  the  session  of  this  convention. 

Mr.  Campbell  of  Jo  Daviess  moved  that  the  resolution  be  so  amended 
as  to  include  all  the  ex  state  officers. 

Mr.  Knowlton  moved  that  the  amendment  proposed  be  amended  so  as 
to  include,  also,  the  soldiers  who  have  returned  from  the  war  with  Mexi- 
co, and  ex-members  of  congress  from  this  state. 

Mr.  Whitney  moved  that  the  resolution  and  amendments  belaid  on  the 
table. 

Mr.  Thomas  called  for  a  division  of  the  question;  and  the  same  being 
taken,  first  on  laying  the  amendments  on  the  table,  it  was  decided  in  the 
affirmative. 

The  question  then  being  taken  upon  laying  the  resolution  on  the  table, 
it  was  decided  in  the  affirmative. 

Mr.  Singleton  offered  for  adoption  the  following: 

Resolved,  That  this  convention  is  limited  in  its  purposes  and  powers;  its 
object  being  to  propose,  for  the  acceptance  of  the  people,  such  changes 
in  their  present  constitution  as  to  the  convention  may  appear  necessary, 
limited  in  these  changes  by  the  true  principles  of  a  republican  govern- 
ment, and  in  the  conduct  of  its  body  by  the  constitution  of  this  state,  as 
far  as  it  is  applicable.  That  this  convention  has  no  power  to  repeal  or 
modify  any  act  of  the  general  assembly  of  this  state,  otherwise  than  by 
constitutional  provision,  subject  to  the  ratification  of  the  people,  or  do  any 
other  act  not  necessary  to  the  discharge  of  the  trust  confided  to  it. 

Mr.  Archer  moved  that  the  resolution  be  amended  by  striking  out  all 
after  the  word  '*  resolved,"  and  adding  the  following  in  lieu  of  the  part 
>roposed  to  be  stricken  out: 

"That  this  convention  has  assembled  for  the  purpose  of  revising,  alter- 
ng,  or  amending  the  constitution  of  this  state,  and  that  the  powers  and 
luties  cf  said  convention  are  limited  after  its  proper  organization  to  such 
»bjects  only. 

"Resolved,  That  with  a  view  of  entering  upon  the  discharge  of  the  du- 
ies  assigned  to  said  convention,  we  now  proceed  to  the  election  of  an  as- 
istant  secretary,  an  assistant  sergeant-at-arms,  and  a  printer;  any  resd- 
ution  heretofore  passed  to  the  contrary  notwithstanding.1' 

Mr.  McCallen  moved  that  the  amendment  to  the  resolution  be  amended 
)y  striking  out  of  it  the  words  "and  a  printer,"  and  adding  at  the  end 
of  the  amendment  the  following  : 

"  Resolved,  That  the  secretary  be  instructed  to  receive  sealed  proposals 
at  his  desk,  until  ten  o'clock  A.  M.  to-morrow,  for  the  printing  to  this  con- 
tention, and  that  the  president  proceed  at  that  hour  to  open  said  proposals, 
and  award  the  printing  to  the  lowest  responsible  bidder." 

On  motion  of  Mr.  Scates, 

The  resolution,  amendment,  and  amendment  to  the  amendment,  were 
aid  on  the  table. 

Mr.  Davis  of  Montgomery  offered  for  adoption  the  following: 
Resolved,  That  there  be  a  committee  on  internal  improvement  appoint- 
ed by  the  president,  and  that  the  following  additional  rules  be  adopted: 
"  RULE  — ,     Any  rrember  may  make   out  and  have   placed  upon  the 


14  JOURNAL  OF  THE  CONVENTION.  [June  9. 

journal  his  protest  against  the  passage  of  any  resolution  or  other  proceed- 
ing adopted  by  the  convention. 

'<  RULE  — .  There  shall  be  no  smoking  within  the  bar  of  the  house, 
during  the  hours  of  session." 

Mr.  Logan  moved  that  the  first  proposed  rule  be  amended  so  as  to  make 
it  read  "  Any  ten  members  may  make  out  and  have  placed  upon  the  jour- 
nal7' &c. 

On  motion  of  Mr.  Wead, 

Ordered,  That  the  resolution  and  amendment  be  laid   on  the  table. 

Mr.  Robbins  offered  the  following  resolutions: 

Resolved,  That  each  standing  committee  in  this  convention  consist  of 
fourteen  members,  two  of  each  to  be  appointed  from  each  congressiona 
district  in  this  state. 

Resolved,  That  a  select  committee  of  fourteen,  two  from  each  congres 
sional  district  in  the  state,  be  appointed  by  the  president,  to  report  th< 
business  that  will  probably  come  before  this  convention,  and  the  manne 
in  which  it  is  deemed  expedient,  to  take  up  and  dispose  of  that  business 
and  that  that  committee  report  as  soon  as  practicable. 

Mr.  Wead  moved  that  the  resolutions  be  laid  on  the  table  and  printed 

Mr.  Davis  of  Montgomery  called  for  a  division  of  the  question,  so  a 
to  take  the  vote  first  on  laying  on  the  table. 

Mr.  Logan  called  for  a  further  division,  so  as  to  take  the  question  o 
laying  the  first  resolution  on  the  table. 

The  question  was  taken  on  laying  the  first  resolution  on  the  table,  an 
decided  in  the  affirmative. 

The  question  was  then  taken  on  laying  the  second  resolution,  and  de 
cided  in  the  affirmative. 

Samuel  D.  Lockwood  presented  his  certificate  of  election,  as  a  delegat 
from  the  county  of  Morgan,  and  the  oath  of  office  was  administered 
him  by  James  W.  Keys,esq. 

Mr.  Armstrong  offered  for  adoption  the  following : 

Resolved,  That  the  following  committees  be  added  to  the  number  no* 
provided  for  by  the  rules,  to  wit: 

A  committee  on  the  Militia. 

A  committee  on  Retrenchment. 

Which  resolution,  was, 

On  motion  of  Mr.  Whitney, 

Laid  on  the  table. 

Mr.  Dement  moved  that  the  resolution,  offered  by  Mr.  Singleton  thi 
morning,  with  all  the  amendments  proposed  thereto,  be  taken  from  th 
table; 

And  the  question  being  taken  on  the  motion,  it  prevailed. 

The  question  pending  being  on  the  amendment  to  the  amendment  in 
troduced  by  Mr.  McCallen, 

Mr.  Constable  moved  to  lay  said  amendment  on  the  table; 

The  question  having  been  taken, 

It  was  decided  in  the  affirmative,  j  ^eas> 


June  9. 


JOURNAL  OF  THE  CONVENTION. 


15 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Dunn 

Mr.  Manly 

Akin 
Allen 

Dunsmoie 
Edrnonson 

Markley 
Marshall  ot  Coles 

Anderson 

Evey 

Marshall  of  Mason 

Archer 

Farwell 

Mieure 

Armstrong 

Frick 

Minshall 

Atherton 

Geddes 

Moffett 

Blakely 

Green  of  Clay 

Moore 

Ballingall 

Green  of  Jo  Daviess 

Morris 

Brockman 

Haich 

Nichols 

Bosbyshell 

Hawley 

Pace 

Brown 
Bunsen 

Hayes 
Heacock 

Palmer  of  Macoupin 
Pratt 

Butler 

Hill 

Powers 

Caldwell 

Hoes 

Robbins 

Campbell  of  Jo  Daviess 

Hogue 

Robinson 

Campbell  of  McDonough          Holmes 

Scales 

Carter 

Hunsaker 

Sharpe 

Choate 

Huston 

Stadden 

Colby 

Jenkins 

Swan 

Constable 

Knapp  of  Jersey 

Sibley 

Cross  of  Woodford 

Kreider 

Singleton 

Cloud 

Kinney  of  St.  Clair 

Smith  of  Gallatiu 

Churchill 

Kitchell 

Shumway 

Davis  of  Montgomery 

Laughlin 

Trower 

Davis  of  Massac 

Lemon 

Tutt 

Deitz 

Linley 

Vernor 

Dement 

Loudon 

Wead 

Dummer 

McClure 

Webber. 

Dunlap 

McHatton 

| 

Those  voting  in  the 

negative,  are, 

Mr.  Crain 

Mr.  Hurl  but 

Mr.  Rives 

Canady 

Jackson 

Roman 

F.  S.  Casey 

James 

Shields 

Z.  Casey 

Jones 

Spencer 

Cross  of  Winnebago 

Judd 

Servant 

Church 

Knapp  of  Scott 

Sim 

Dale 

Kenner 

Thomas 

Dawson                         ^ 

Kinney  of  Bureau 

Thornton 

Edwards  of  Madison 

Knowlton 

Turnbull 

Edwards  of  Sangamon 
Eccles 

Knox 
Lander 

Turner 
Tuttle 

Graham 

Logan 

Vance 

Green  of  Tazewell 

McCallen 

West 

Grimshaw 

Matheny 

Witt 

Harding 

Miller 

Whiteside 

Harper 

Northcott 

Whitney 

Harvey 

Norton 

Woodson 

Hay 

Palmer  of  Marshall 

Worcester. 

Henderson 

Peters 

On  motion, 
The  convention  adjourned  to  two  o'clock,  p.  M. 


1C 


JOURNAL  OF  THE  CONVENTION. 


[June  9, 


TWO  O'CLOCK,  p.  M. 


Convention  met  pursuant  to  adjournment. 

The  question  pending^being  upon  the  motion  of  Mr.  Archer,  to  strike 
from  the  resolution,  offered  by  Mr.  Singleton,  all  after  the  word  4i  resolv- 
ed," and  add  two  other  resolutions,  he  called  for  a  division. 

The  question  was  put  upon  striking  out,  and  decided  in  the  affirmative. 

Mr.  Peters  called  for  a  further  division. 

The  vote  being  taken  upon  adding  the  first  branch  of  the  amendment  of 
Mr.  Archer, 

(Yeas, 87, 


It  was  decided  in  the  affirmative, 


Those  voting  in  the  affirmative,  are, 


iNays, 


64. 


Mr.  Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blakely 
Ballingall 
Brockman 
Bosbyshell 
Biown 
Bunsen 
Butler 
Crain 
Caldwell 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Colby 

Cross  of  Woodford 
Cloud 

Davis  of  Montgomery 
Davis  of  Massac 
Dement 
Edmonson 
Evey 


Mr.  Farwell 
Frick 
Geddes 
Green  of  Clay 
Harvey 
Hatch 
Hawley 
Hayes 
Heacock 
Hill 
Hoes 
Hogue 
Hunsaker 
Huston 
Jenkins 
Jones 

Knapp  of  Jersey 
Kreider 

Kinney  of  St.  Clair 
Laughlin 
Linley 
Loudon 
McCallen 
McCully 
McClute 
McHatton 
Manly 
Markley 
Marshall  of  Mason 


Those  voting  in  the  negative,  are, 


Mr.  Adams 

Cross  of  Winnebago 

Church 

Churchill 

Dale 

Davis  of  McLean 

Dawson 

Deitz 

Dummer 

Dunlap 

Dunsmore 

Edwards  of  Madison 

Edwards  of  Sangamon 

Eccles 


Mr.  Graham 

Green  of  Jo  Daviess 

Green  of  Tazewell 

Grimshaw 

Harding 

Harlan 

Harper 

Hay 

Henderson 

Holmes 

Hurlbut 

Jackson 

James 

Judd 


Mr.  Mieure 
Minshall 
Moffett 
Moore 
Morris 
Nichols 
Oliver 

Palmer  of  Macoupin 
Pratt 
Powers 
Robbins 
Robinson 
Rountree 
Sharpe 
Stadden 
Shields 
Sherman 
Simpson 
Singleton 
Smith  of  Gallatm 
Sh  urn  way 
Trower 
Tutt 
Vernor 
Wead 
Webber 
Witt 

Whiteside 
V\  ore  ester. 


Mr.  Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knowlton 
Knox 
Lander 
Lemon 
Logan 

Marshall  of  Coles 
Mason 
Matheny 
Miller 
Northcott 


June  0.]  JOURNAL  OP  THE  CONVENTION.  17 

Mr.  Palmer  of  Marshall  Mr.  Servant  Mr.  Turner 

Peters  Sibley  Tuttle 

Pinckney  Sim  Vance 

Rives  Smith  of  Macon  West 

Roman  Thomas  Williams 

Scates  Thornton  Whitney 

Swan  Turnbull  Woodson 
Spencer 

The  question  was  then  taken  upon  the  second  branch  of  Mr.  Archer's 
resolution,  and  decided  in  the  affirmative  ; 

And  the  resolution,  as  amended,  adopted. 

The  convention  accordingly  proceeded  to  the  election  of  an  assistant 
secretary. 

Mr.  Sherman  nominated  II.  G.  Reynolds,  of  Rock  Island  county. 

Mr.  McCallen  nominated  John  S.  Roberts,  of  Morgan  county. 

Mr.  Singleton  nominated  James  M.  Burt,  of  Adams  county. 

Those  who  voted  for  H.  G.  Reynolds,  are, 

Messrs.  Akin,  Allen,  Anderson,  Archer,  Armstrong,  Atherton,  Blakely, 
Ballingall,  Brockman,  Bosbyshell,  Brown,  Bunsen,  Butler,  Grain,  Cald- 
well,  Campbell  of  Jo  Daviess,  Campbell  of  McDonough,  Carter,  F.  S. 
Casey,  Z.  Casey,  Choate,  Colby,  Cross  of  VVoodford,  Cloud,  Churchill, 
Dale,  Davis  of  Massac,  Dement,  Dunlap,  Dunsmore,  EcJmonson,  Evey, 
Farwell,  Frick,  Green  of  Clay,  Harper,  Harvey,  Hatch,  Hawley,  Hayes, 
Heacock,  Henderson,  Hill,  Hoes,  Hogue,  Hunsaker,  Huston,  James,  Jen- 
kins, Kreider,  Kinney  of  St.  Clair,  Kitchell,  Laughlin,  Linley,  McCully, 
McClure,  McHatton,  Manly  Markley,  MofFett,  Morris,  Nichols,  Oliver, 
Pace,  Palmer  of  Macoupin,  Pratt,  Peters,  Powers,  Robinson,  Rountree, 
Scates,  Stadden,  Sherman,  Smith  of  Gallatin,  Shumway,  Trower,  Tutt, 
Vernor,  Wead,  Webber,  Witt,  Whiteside,  and  Worcester — 84. 

Those  who  voted  for  James  M.  Burt,  are, 

Adams,  Canady,  Cross  of  Winnebago,  Church,  Davis  of  Bond,  Davis 
of  McLean,  Dawson,  Deitz,  Dummer,  Edwards  of  Madison,  Edwards,  of 
Sangamon,  Eccles,  Graham,  Geddes,  Green  of  Jo  Daviess,  Grimshaw, 
Harding,  Marian,  Hay,  Holmes,  Hurl  but,  Jackson,  Jones,  Judd,  Knapp  of 
Jersey,  Knapp  of  Scott,  Kenner,  Knowlton,  Knox,  Lander,  Lemon,  Lo- 
gan, Marshall  of  Coles,  Marshal!  of  Mason,  Matheny,  Mieure,  Miller, 
Minshall,  Northcott,  Palmer  of  Marshall,  Pinckney,  Rives,  Roman,  Swan, 
Shields,  Spencer,  Servant,  Sibley,  Sim,  Singleton,  Smith  of  Macon,  Thom- 
as, Thornton,  Turnbull,  Turner,  Tuttle,  West,  Williams,  Whitney,  and 
Woodson— 60. 

Those  who  voted  for  John  S.  Roberts,  are, 

Messrs.  Green  of  Tazewell,  Loudon,  McCallen,  Robbins  and  Vance—5. 

II.  G.  Reynolds,  having  received  a  majority  of  all  the  votes  given,  wast 
by  the  president,  declared  duly  elected  assistant  secretary  of  the  conven- 
tion to  amend,  alter,  or  revise  the  constitution  of  the  state  of  Illinois. 

The  convention  proceeded  to  the  election  of  an  assistant  door-keeper*. 

Mr.  Armstrong  nominated  Ralph  Woodruff,  of  La  Salle  county. 
On  motion  of  Mr.  Rountree, 

The  election  proceeded  by  a  division  of  the  convention. 


as 


18  JOURNAL  OF  THE  CONVENTION.  [June  10. 

The  question  was  put  upon  the  election  of  Mr.  Woodruff,  and  decided 
in  the  affirmative. 

The  president  thereupon  declared  Ralph  Woodruff  to  be  duly  elected 
assistant  door-keeper  of  the  convention. 

The  convention  proceeded  to  the  election  of  printer. 

Mr.  Sherman  nominated  Lanphier  &  Walkei. 
On  motion  of  Mr.  Armstrong, 

The  election  proceeded  by  a  division  of  the  convention. 

The  question  was  put  upon   the   electiou  of  Lanphier  &,  Walker, 
printers  to  the  convention,  and  decided  in  the  affirmative. 

Those  gentlemen  were  accordingly  declared,  by  the  president,  to  be 
duly  elected. 

On  motion  of  Mr.  Wead, 

Ordered,  That  200  copies  of  the  rules  for  the  government  of  the  con- 
vention be  printed  for  the  use  thereof. 
On  motion, 

The  convention  adjourned  to  to-morrow  morning  at  nine  o'clock. 

THURSDAY,  JUNE  10,  1847. 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Dresser. 

The  journal  of  yesterday  was  read  and  corrected. 

Mr.  Minshall  offered  for  adoption  the  following  preamble  and  resolu- 
tions: 

Whereas  this  convention  has  been  called  by  the  general  assembly,  un- 
der the  constitution  of  this  state,  for  the  purpose  of  revising,  altering,  or 
amending  the  same ;  and  whereas  it  is  the  opinion  of  this  convention,  in 
convention  assembled,  that  the  present  constitution  of  this  state  needs 
amending  in  the  following  particulars,  with  others,  to  wit: 

1st.  The  judiciary  of  this  state  should  be  changed  in  this:  Instead  of 
the  present  judiciary,  a  supreme  court  shall  be  established,  to  be  com- 
posed of  three  judges,  to  be  elected  by  the  qualified  voters  of  this  state, 
in  three  districts  into  which  the  state  shall  be  divided,  and  to  hold  their 
offices  for  the  term  of  nine  years. 

2d.  There  shall  be  established,  instead  of  the  present  circuit  court  sys- 
tem, circuit  courts  ;  and  the  judges  to  hold  said  courts  shall  be  elected 
by  the  qualified  voters  of  this  state  in  their  respective  districts,  to  hold 
their  offices  for  the  term  of  six  years ;  and  the  judges  of  the  supreme  and 
circuit  courts  shall  be  ineligible  to  any  other  office  of  honor  or  profit  un- 
der the  government  of  this  state,  or  the  United  States,  during  the  term 
for  which  they  or  either  of  them  shall  be  elected  judges. 

3d.  There  shall  be  elected,  in  the  respective  judicial  circuits,  a  circuit 
attorney,  by  the  qualified  electors  of  such  circuits,  respectively,  to  hold 
their  office  for  two  years. 

4th.  There  shall  be  elected,  in  the  respective  judical  circuits,  a  circuit 
court  clerk,  by  the  qualified  voters  of  the  respective  circuits,  who  shall 
hold  their  offices  for  the  term  of  two  years. 

5th.  There  shall  be  elected,  in  the  respective  counties  of  this  state,  a 
sheriff  and  coroner,  who  shall  hold  their  offices  during  the  term  of  two 


June  10.]  JOURNAL  OF  THE  CONVENTION.  19 

years;  and  the  sheriff  shall  be  ineligible  to  re-election  for  two  years  next 
ensuing  the  expiration  of  his  term  of  office,  and  until  he  shall  have  fully 
settled  up  and  paid  over  all  moneys  by  him  collected  for  revenue,  or  for 
individuals,  and  liquidated  all  dues  and  demands  and  liabilities  on  him  in 
his  office  of  sheriff. 

6th.  The  council  of  revision  shall  be  abolished,  and  the  judges  of  the 
supreme  court  hereafter  shall  be  relieved  from  such  duty,  and  such  con- 
nection of  the  judicial  and  legislative  departments  shall  never  hereafter 
be  allowed. 

7th.  The  judges  of  the  supreme  court  shall  receive  for  their  services 
competent  salaries,  to  be  fixed  by  law,  at  not  less  than  fifteen  hundred 
dollars  each,  and  which  shall  not  be  increased  during  the  term  for  which 
they  shall  be  elected. 

8th.  The  circuit  court  judges  shall  receive  competent  salaries  for  their 
services,  which  shall  not  be  less  than  twelve  hundred  dollar?,  and  which 
shall  not  be  increased  in  any  instance  during  the  term  for  which  said 
judge  may  be  elected. 

9th.  That  the  circuit  and  supreme  courts  shall  in  their  organization  be 
separate  and  distinct  departments,  and  the  legislature  shall  be  restrained 
from  ever  uniting  them,  or  dispensing  with  the  circuit  court  system,  or 
require  the  supreme  court  to  do  circuit  duties,  and  the  number  of  supreme 
judges  shall  at  no  time  be  made  to  exceed  five  in  number. 

Resolved,  therefore,  That  a  select  committee  of  eighteen  be  appointed, 
two  from  each  judicial  circuit,  to  prepare  an  amendment  to  the  constitu- 
tion in  these1  particulars,  based  on  the  foregoing  propositions,  and  at  their 
earliest  opportunity  report  the  same  for  the  consideration  and  action  of 
this  convention. 

On  motion  of  Mr.  Manly, 

The  preamble  and  resolutions  were  laid  on  the  table. 
On  motion  of  Mr.  Knapp  of  Scott, 

Resolved,  That  a^standing  committee  be  added  to  the  committees  pro- 
vided for  by  the  rules  of  this  convention,  to  be  called  the  committee  on 
Law  Reform,  whose  special  duty  it  shall  be  to  inquire  whether  the  basis 
can  be  laid  in  the  amended  constitution  for  any  reform  in  the  legal  prac- 
tice of  this  state. 

Mr.  Woodson  offered  for  adoption  the  following: 

Resolved,  That  this  convention  will  hereafter  meet  at  eight  o'clock, 
A.  »[.,  and  adjourn  at  twelve  o'clock,  M.,  and  meet  at  three  o'clock,  p.  M., 
and  adjourn  at  six  o'clock,  p.  M. 

Mr.  Scates  moved  to  amend  the  resolution  by  striking  out  the  word 
"eight,"  and  inserting  in  lieu  thereof  the  word  "nine." 

Mr.  Linley  moved  to  lay  the  resolution  and  amendment  on  the  table. 

Mr.  Witt  called  for  a  division  of  the  question. 

The  question  was  then  taken  on  laying  the  amendment  on  the  table, 
and  decided  in  the  affirmative. 

The  question  was  then  taken  on  laying  the  resolution  on  the  table,  and 
decided  in  the  affirmative. 

Mr.  Constable  offered  the  following: 

Resolved,  That,  until  otherwise  ordered,  the  hour  of  convening  the 


20  JOURNAL  OF  THE  CONVENTION.  [June  10. 

morning  sessions  of  this  body  shall  be  at  eight  o'clock,  A.  M.,  and  of  the 
afternoon  session  al  three  o'clock,  p.  M. 

Mr.  Robbins  moved  to  amend  the  resolution  by  striking  out  all  after 
the  words  kt  eight  o'clock,  A.  M." 

The  question  having  been  taken  on  the  amendment,  was  decided  in 
the  negative. 

The  question  wa?  then  taken  on  the  adoption  of  the  resolution,  and  de- 
cided in  the  affirmative. 

On  motion  of  Mr.  Edwards  of  Madison, 

The  23d  rule  was  amended  by  adding  the  following  committees: 

On  the  Militia  and  Military  Affairs. 

On  Miscellaneous  Subjects  and  Questions. 

On  the  Revision  and  Adjustment  of  the  articles  of  the  Constitution 
adopted  by  this  convention,  and  to  provide  for  the  alteration  and  amend- 
ment of  the  same. 

Mr.  Hayes  offered  for  adoption  the  following  preamble  and  resolution: 

Whereas,  in  order  to  secure  the  prompt  and  efficient  action  of  this  body, 
it  is  necessary  that  some  definite  mode  of  proceeding  should  be  adopted; 
and  whereas  much  of  the  present  constitution  does  not  need  amendment; 
and  whereas  each  new  constitutional  provision  should  be  submitted  sepa- 
rately to  the  people;  therefore, 

Resolved,  That  this  convention  will  prepare  and  adopt  separately  such 
amendments  as  may  seem  necessary,  and  will  distinguish  such  amend- 
ments as  may  be  adopted,  that  they  may  be  voted  on  separately  by  the 
people. 

*Mr.  Dement  moved  to  refer  the  preamble  and  resolution  to  the  com- 
mittee on  Miscellaneous  Subjects  and  Questions. 

Mr.  Constable  moved  to  lay.  the  motion  on  the  table. 

The  question  having  been  taken  on  the  last  motion,  it  was  decided  in 
the  affirmative. 

Mr.  Davis  of  Montgomery  moved  to  lay  the  preamble  and  resolution 
on  the  table. 

The  question  having  been  taken,  it  was  decided  in  the  affirmative. 
On  motion  of  Mr.  Adam?, 

Resolved,  That  the  secretary  of  state  be  requested  to  furnish  this  body 
with  as  full  a  statement  as  practicable  of  the  amount  and  present  condi- 
tion of  the  school,  college,  and  seminary  fund  of  this  state,  and  the  pros- 
pect of  their  future  receipts,  and  from  what  source  or  sources  to  be  de- 
rived;  and  whether  any  portion  of  the  same  is  withheld  by  the  general 
government;  and,  if  so,  how  much,  and  for  what  purpose;  and,  also,  in 
what  stocks  the  said  fund  is  now  held. 

Mr.  Peters  offered  for  adoption  the  following  resolution: 

Resolved,  That  there  be  added  to  the  standing  committees  of  this  con- 
vention a  committee  on  Townships,  with  instructions  to  report  whether 
it  is  expedient  so  to  amend  the  constitution  as  to  provide  for  the  incor- 
poration of  the  several  townships  in  this  state  for  municipal  and  other 
purposes. 

The  question  having  been  taken  on  the  adoption  of  the  resolution,  it 
was  decided  in  the  negative. 


June  10.]  JOURNAL  OF  THE  CONVENTION.  21 

Mr.  Harvey  offered  for  adoption  the  following  resolution: 

Resolved,  That  the  following  committee  be  *iddcd  to  the  committees 
now  provided  for  by  the  rules  of  this  convention,  to  wit:  A  committee 
on  the  state  debt,  to  be  selected  in  the  same  manner  as  the  present  rules 
require* 

On  motion  of  Mr.  Shumvvay, 

The  resolution  was  laid  on  the  table. 

Mr.  Loudon  offered  for  adoption  the  following  resolutions: 

Whereas  the  people  of  the  state  of  Illinois  call  for  a  thorough  retrench- 
ment in  all  the  departments  of  our  state  government,  and  more  especially 
in  the  legislative  department  bf  our  government:  therefore,  be  it 

Resolved  by  the  convention  assembled.  That,  for  objects  of  primary 
-  importance  to  the  people  of  the  state,  the  number  of  representatives  and 
senators  in  the  state  legislature  should  be  reduced  from  a  hundred  and 
sixty-two  members  down  to  seventy-live,  leaving  fifty  members  in  the 
house  of  representatives  and  twenty-five  in  the  senate;  and  that  the  num- 
ber in  both  houses  should  never  exceed  one  hundred  and  twenty,  appor- 
tioned according  to  population,  and  that  their  pay  should  be  three  dollars 
per  day  during  the  session;  and  that,  for  the  saving  of  time  and  money, 
and  for  the  comfoit  of  members,  therefore, 

Resohed,  That  all  future  legislatures  should  convene  on  the  first  Mon- 
day of  October,  every  two  years,  and  that  their  session  be  limited  to  sixty 
days. 

On  motion  of  Mr.  Rountree, 

The  resolutions  were  referred  to  the  committee  on  the  Legislative  De- 
partment. 

On  motion  of  Mr.  Worcester, 

Resolved,  That  the  subject  of  incorporating  townships  be  referred  to 
the  committee  on  Counties. 

On  motion  of  Mr.  Davis  of  Massac, 

Resolved,  That  tire  following  be  an  additional  rule  of  this  body: 

Rule  24.  A  quorum  to  do  business  shall  consist  of  two-thirds  of  the 
members  elected  to  this  convention. 

»On  motion  of  Mr.  Z.  Casey, 
Resolved,  That  two  hundred  copies  of  the  constitution  of  the  state  be 
printed  in  bill  form  for  the  use  of  the  members  of  the  convention. 
Mr.  Woodson  offered  the  following  preamble  «nd  resolutions: 
Government  is  instituted  in  order  to  secure  individuals  in  the  enjoy- 
ment of  three  primary  rights — of  life,  liberty,  and  property — and  should 
be  clothed  with  such  power  as  may  be  necessary  to  prevent  the  com- 
mission of  all  acts  injurious  to  these  rights.  As  this  power,  given  for 
protection,  may  be  perverted  and  used  as  a  weapon  of  oppression,  it  be- 
comes a  great  desideratum,  in  organizing  a  free  government,  so  to  con- 
struct it  that,  whilst  it  has  power  to  govern  individuals,  it  should  also  be 
compelled  to  control  itself.  Mere  paper  declarations  of  rights,  and  paper 
limitations  of  power,  however  perfect  in  themselves,  are  insufficient  for 
this  purpose;  for  they  will  be  disregarded  at  pleasure,  if  there  is  no  or- 
ganic provision  for  the  distribution  of  power  by  which  to  ensure  their 
observance;  therefore, 

Resolved,  That  the  government  of  the  state  of  Illinois  should  consist  of 


22  JOURNAL  OF  THE  CONVENTION.  [June  10. 

three  co-ordinate  departments,  each  independent  of  the  otheis;  and  that 
the  powers  of  the  government  should  be  so  divided,  and  so  distributed 
among  these  departments,  that  neither  of  them  could,  without  the  con- 
sent and  co-operation  of  at  least  one  of  the  others,  injuriously  affect  either 
of  the  great  rights  of  personal  security,  personal  liberty,  and  private 
property. 

Resolved,  That  the  necessary  distribution  of  powers  for  this  purpose  is 
into  legislative,  judicial,  and  executive  departments;  the  first  to  prescribe 
general  rules  for  the  government  of  society;  the  second  to  expound  and 
apply  those  rules  to  individuals  in  society;  the  third  to  enforce  obedience 
to  the  judgments  and  decrees  of  the  second,  and  to  see  that  the  laws  are 
faithfully  executed. 

Resolved,  That  the  several  departments  should  be  organized  upon  the 
following  principles: 

1st.  The  legislative  department  should  consist  of  a  senate  composed  of 
thirty  senators,  and  a  house  of  representatives  composed  of  seventy  mem- 
bers, with  biennial  sessions,  to  commence  on  the  first  Monday  of  January, 
and  not  to  exceed  in  length  thirty  days;  or,  if  it  exceeds  that  time,  the 
members  to  receive  only  half  pay  for  such  excess.  The  compensation  of 
the  members  should  be  limited  to  two  dollars  per  day  until  the  state  debt 
shali  be  paid,  and  not  to  exceed  three  dollars  per  day  after  that  time. 
The  legislature  should  elect  no  officers,  except  officers  of  their  respective 
houses  and  senators  of  the  United  States.  Ifs  power  to  contract  debts 
should  be  limited  to  one  hundred  thousand  dollars,  and  not  then  without 
making  provision  for  their  liquidation. 

2d.  The  judicial  department  should  consist  of  one  supreme  court  of 
three  judges,  to  be  elected  in  separate  districts  for  the  term  of  six  years, 
and  nine  circuit  judges,  to  be  elected  by  the  qualified  voters  of  their  re- 
spective circuits,  for  the  term  of  six  years,  and  of  such  inferior  courts  as 
this  convention  may  ordain  and  establish.  The  judges  of  the  supreme 
and  circuit  courts  should  receive  the  following  salaries,  to  wit:  the  judges 
of  the  supreme  court  each  dollars  per  annum,  and  the  circuit 

judges  each  dollars  per  annum.     The  legislature  should  have 

power  to  increase  the  number  of  circuit  judges  when  the  business  of  the 
country  shall  require  it. 

3d.  The  executive  department  should  consist  of  a  governor  and  lieu- 
tenant governor,  to  be  elected  for  the  term  of  four  years,  and  such  sub- 
ordinate officers  as  may  be  necessary  for  the  transaction  of  the  business 
of  the  department. 

On  motion  of  Mr.  Woodson, 

The  preamble  and  resolutions  were  laid  on  the  table. 

Mr.  Scates  offered  the  following  resolution: 

Resolved,  That  the  several  revenue  clerks  in  each  county  in  the  state 
be  required  to  compile  and  report,  forthwith,  to  this  convention  a  tabular 
statement  in  the  following  form,  showing  the  aggregate  value  of  all  tax- 
able property,  both  real  and  personal;  the  amount  per  cent,  levied  upon 
the  same  for  state  purposes;  the  amount  per  cent,  levied  upon  the  same 
for  county  purposes;  the  aggregate  amount  of  revenue  derived  from  the 
same  for  state  purposes;  the  aggregate  amount  of  revenue  derived  from 
the  same  for  county  purposes/  for  each  and  every  year  since  1818,  or 


June  10*]  JOURNAL  OF  THE  CONVENTION.  23 

since  the  organization  of  the  county,  so  far  as  the  records  and  files  of 
their  respective  offices,  or  other  reliable  sources  of  information,  will 
enable  them  to  do  so. 

Resolved,  That  a  copy  of  these  resolutions  and  annexed  tabular  state- 
ment be  transmitted  forthwith  by  the  secretary  to  each  revenue  clerk  in 
this  state. 


Tabular  Statement. 


Year. 

Aggregate  value 
of  real  and  per- 

Am't per  cent, 
levied  tor  state 

Am't  percent, 
levied  for 

Aggregate 
amount  of  state 

Aggregate 
am't  of  county 

sonal  property. 

purposes. 

county  pur- 

revenue. 

revenue. 

posese. 

1819 

$ 

cts. 

Cts. 

$ 

$ 

18-20 

1821 

1823 

18-24 

&c. 

1S45 

Mr.  Akin  moved  to  strike  out  all  after  the  word  "resolved,"  and  in- 
sert the  following: 

"  Thut  the  auditor  of  public  accounts  be  requested  to  report  to  this  con- 
vention the  amount  of  revenue  assessed  in  each  county  of  the  state  of 
Illinois." 

Mr.  Church  moved  to  amend  the  amendment  by  adding  at  the  end 
thereof:  "also  that  the  clerks  of  the  county  commissioners'  courts  in  this 
state  be  requested  to  report  the  county  indebtedness  in  each  county  to 
this  convention.'* 

On  motion  of  Mr.  Constable, 

The  amendment  and  the  amendment  to  the  amendment  were  severally 
laid  on  the  table. 

Mr.  Kenner  moved  to  amend  the  resolution  by  striking  out  all  after  the 
word  "  resolved,"  and  inserting  in  lieu  thereof  the  following: 

**  That  the  secretary  be  requested  to  call  on  the  auditor  for  the  following 
information,  in  tabular  form,  relative  to  each  county  in  this  state,  for  the 
last  ten  years:  the  amount  of  real  estate  for  each  year,  and  the  rate  ot 
assessment  for  state  and  county  purposes,  separately;  also,  the  same  state- 
ment relative  to  personal  ppoperty." 

On  motion  of  Mr.  Constable,  j 

The  amendment  was  laid  on  the  table. 

On  motion  of  Mr.  Caldwell,  > 

The  resolution  was  laid  on  the  table. 


34  JOURNAL  OF  THE  CONVENTION.  [June  10. 

Mr.  Archer  offered  the  following  preamble  and  resolution: 

Whereas  a  separation  of  the  departments  of  government  in  the  exercise 
of  powers  assigned  to  them  by  fundamental  law,  so  as  to  keep  each  within 
the  scope  of  its  proper  duties,  is  essential  to  every  free  government;  there- 
fore, 

Resolved,  That  section  2d  of  article  1st  of  the  constitution  of  this  st,  te} 
entitled  "concerning  the  distribution  of  the  powers  of  government,"  e 
amended  as  follows: 

No  person  or  number  of  persons,  being  one  of  the  departments  of  gov- 
ernment of  this  state,  shall  singly  or  collectively  exercise  pny  power  or 
perform  any  duties  hereafter  confided  to  either  of  the  others;  and  section 
19  of  article  3  of  the  constitution  of  this  state,  constituting  the  judges  of 
the  supreme  court  of  this  state  a  council  of  revision,  is  hereby  abolished. 
On  motion  of  Mr.  Archer, 

The  preamble  and  resolution  were  laid  on  the  table. 

Mi.  Scales  offered  the  following  resolution: 

Resolved,  That  a  special  committee  of  fourteen  be  appointed  by  the 
president,  whose  duty  shall  be  to  apportion  and  distribute  to  the  standing 
committees  the  appropriate  subjects  for  their  consideration. 
On  motion  of  Mr.  Knowlton, 

The  resolution  was  laid  on  the  table. 

Mr.  McCallen  offered  the  following  resolution: 

Resolved,  That  the  several  standing  committees  of  this  convention  be 
composed  of  members  chosen,  alternately,  from  each  congressional  dis- 
trict of  the  state,  and  that  each  committee  shall  elect  its  chairman  .by 
ballot. 

On  motion  of  Mr.  Campbell  of  Jo  Daviess, 

The  resolution  was  laid  on  the  table. 

Mr.  Davis  of  Montgomery  offered  the  following  resolution: 

Resolved,  That  the  committee  on  the  Judiciary  be  and  they  are  hereby 
instructed  to  report  an  amendment  to  the  constitution  providing  lor  the 
election  of  judges  of  courts  in  the  following  manner,  to  wit: 

The  legal  voters  of  the  estate  shall  elect  three  judges  of  the  supreme 
court  by  general  ticket,  whose  duties  !-ha!l  be  to  hold  the  supreme  court 
of  the  state,  and  hold  their  office  for  the  term  of  six  years,  and  until  their 
successors  are  elected;  each  of  which  judges  shall  receive  the  sum  of  one 
thousand  dollars  per  annum,  and  no  more. 

The  legal  voters  of  each  judicial  circuit  shall  elect  a  circuit  judge,  who 
shall  perform  circuit  duties,  and  shall  hold  their  office  for  the  term  of  six 
years,  and  receive  a  salary  of  one  thousand  dollars  per  annum,  and  no 
more. 

That  they  so  amend  the  constitution  as  to  abolish  the  council  of  re- 
vision. 

That  the  legal  voters  of  each  county  in  the  state  shall  elect  a  clerk  of 
the  circuit  court  in  each  county,  who  shall  hold  their  offices  for  six  years, 
and  until  their  successors  are  elected,  whose  fees  shall  be  regulated  by 
law. 

That  the  legal  voters  of  each  judicial  circuit  shall  elect  a  district  attor- 
ney, who  shall  hold  their  office  for  six  years,  and  until  their  successors  are 
elected,  and  receive  the  sum  of  dollars  per  annum. 


June  10.]  JOURNAL  OP  THE  CONVENTION.  25 

On  motion  of  Mr.  Davis, 

The  resolution  was  laid  on  the  table. 

Mr.  Palmer  of  Macoupin  offered  the  following  resolution: 

R"solved,  That  the  judicial  system  of  this  state  should  be  composed  of 
a  supreme  court,  circuit  courts,  and  such  inferior  courts  as  shall  be  here- 
afte-f  established  bylaw.  That  the  supreme  court  shall  be  composed  of 
nu;  less  than  three  nor  more  than  five  judges,  who  shall  be  appointed  by 
the,  governor,  by  and  with  the  advice  and  consent  of  the  senate;  shall  hold 
their  offices  for  the  term  of  ten  years,  and  shall  receive  for  their  services  a 
compensation  not  exceeding  twelve  hundred  dollars  per  annum,  and  shall 
be  ineligible  to  any  other  ofiice  for  and  during  the  term  for  which  they 
shall  have  been  elected. 

That  the  state  shall  be  divided  into  a  convenient  number  of  judicial  cir- 
cuits, and  in  each  of  such  circuits,  there  shall  be  elected,  by.  the  legal 
voters  thereof,  a  judge,  who  shall  hold  his  office  for  the  period  often  years; 
who  shall  receive  for  his  services  the  sum  of  one  thousand  dollars  per  an- 
num, and  shall  be  ineligible  to  any  other  office  for  and  during  the  term  for 
which  he  shall  have  been  elected.  Each  of  which  said  judges  shall  appoint 
a  clerk  of  said  courts  in  each  of  the  counties  of  his  circuit,  who  shall  hold 
his  office  for  and  during  the  term  for  which  said  judge  shall  have  been 
elected. 

On  motion  of  Mr.  Geddes, 

The  resolution  was  laid  on  the  table. 

Mr.  Evey  offered  the  following  resolution: 

Resolved,  That  there  shall  be  a  general  assembly  of  the  state  of  Illinois, 
which  shall  consist  of  the  senate  and  house  of  representatives.  The  sen- 
ate hereafter  shall  consist  of  twenty  five  members,  and  the  house  of  rep- 
resentatives of  fifty  members,  whose  pay  shall  not  exceed  two  dollars  per 
diem.  That  hereafter  there  shall  be  but  one  session  of  the  general  assem- 
bly of  Illinois  in  a  period  of  four  years,  unless  they  are  called  together 
by  the  governor  forborne  specific  purpose;  and  when  they  have  performed 
the  work  specified  by  the  governor  for  which  they  were  called,  they  shall 
adjourn. 

The  meeting  of  the  general  assembly  shall  be  hereafter  on  the  first  Mon- 
day in  January,  and  their  session  shall  be  confined  to  sixty  days.  The 
legislature  shall  be  prohibited  from  loaning  the  credit  of  the  state  for  the 
benefit  of  any  person,  body  politic,  or  corporation  whatever,  except  for 
war,  to  repel  invasion,  or  to  suppress  insurrection,  or  unless  it  be  for  some 
specific  object  or  work  specified  therein;  and  at  the  same  time,  they 
shall  provide  by  law  a  tax  for  the  payment  of  the  interest  promptly  as  it 
falls  due,  and  for  the  payment  of  the  principal  in  twenty  years;  but  before 
said  law  shall  be  put  in  operation,  it  shall  be  submitted  to  the  people  for 
their  sanction. 

On  motion  of  Mr.  Evey, 

The  resolution  was  laid  on  the  table. 
On  motion, 

The  convention  adjourned  until  nine  o'clock,  to  morrow  morning 


26  JOURNAL  OF  THE  CONVENTION.  (June  11, 

FRIDAY,  JUNE!  11,  1841 

The  convention  assembled  pursuant  to  adjournmet. 

Prayer  by  Rev.  Mr.  Hale. 

The  journal  of  yesterday  was  read. 

The  president  presented  a  writing  purporting   to  be  a  petition  or  in- 
structions on  various  subjects,  signed  by  seventy-four  citizens  of  the  state 
of  Illinois,  the  reading  of  which  was  begun,  when; 
On  motion  of  Mr.  Manly  < 

The  same  was  laid  on  the  table. 

Mr.  Northcott  offered  the  following  resolution  : 

Resolved,  That  the  constitution  be  so  amended  as  to  permit  the  legisla* 
ture  to  levy  a  poll  tax  of  one  dollar  or  less  on  each  voter,  to  be  appropri- 
ated to  the  liquidation  of  our  state  debt* 
On  motion  of  Mr.  3tadden> 

The  resolution  was  laid  on  the  table. 

Mr.  Rountree  offered  the  following  resolution: 

Resolved,  That  there  shall  be  established  in  each  of  the  counties  of  this 
state,  and  in  each  county  hereafter  to  be  created,  a  rourt  of  record,  to  be 
composed  of  the  justices  of  the  peace  of  the  respective  counties.  That 
said  court  shall  have  a  clerk,  who  shall  be  ex  offido  recorder  of  deeds, 
and  register  of  probate.  Said  justices  of  the  peace  and  clerk  of  said  court 
shall  be  elected  quadrennially  by  the  qualified  voters  of  the  respective 
counties. 

On  motion  of  Mr.  Whitney, 

The  resolution  was  laid  on  the  table. 

Mr.  Edmonson  offered  the  fallowing: 

Whereas,  retrenchment  is  one  of  the  primary  objects  of  this  conven- 
tion, and  the  financial  condition  of  our  state  demands  that  economy  should 
be  observed  in  every  department  of  this  government ;  therefore, 

Resolved,  That  the  general  assembly  of  this  state  shall  not  consist  of 
more  than  one  hundred  and  twenty  members,  eighty  in  the  house  and  forty 
in  the  senate.  , 

Resolved^  That  the  sessions  of  the  general  assembly  of  this  state  shall 
not  exceed  sixty  days,  and  the  members  of  the  same  shall  receive  a  com- 
pensation for  their  services  of  two  dollars  per  day. 

Resolved^  That  the  general  assembly  of  this  state  shall  be  convened  on 
the  1st  Monday  in  January,  1848,  and  thereafter  there  shall  be  biennial 
sessions  of  the  legislature  of  this  state,  commencing  ialways  on  the  first 
Monday  in  January. 

On  motion  of  Mr.  Geddes, 

The  preamble  and  resolutions  were  laid  on  the  table. 

Mr.  Jenkins  offered  the  following  preamble  and  resolutions  : 

Whereas  government  is  instituted  for  the  common  good  ;  for  the  pro- 
tection^  safety,  prosperity,  and  happiness  of  the  people,  and  the  offices 
created  for  their  benefit;  dl  officers,  then,  whether  executive,  legislative, 
or  judicial,  are  the  trustees  and  servants  of  the  people,  and  at  all  times 
accountable  to  them.  In  order  to  prevent  those  who  arc  vested  with  an- 


June  11.]          JOURNAL  OF  TH£  CONVENTION*  27 

thority  from  becoming  oppressors,  the  people  have  a  right,  in  such  manner 
as  they  may  in  a  legal  way  prescribe,  to  cause  their  public  officers  to  re- 
turn to  private  life,  and  to  fill  up  vacant  pla<es,  by  certain  and  regular 
elections;  and  whereas  this  convention  has  been  called  in  accordance 
with  the  provisions  of  the  constitution  of  this  state,  for  the  purpose  of  al- 
tering or  amending  the  same  ;  and  whereas  it  is  the  opinion  of  this  con- 
vention that  the  present  constitution  of  this  state  ought  to  be  altered  in 
some  respects,  and  so  amended  as  to  embrace  within  it  the  principles  con- 
tained in  the  iollowing  provisions,  to  wit: 

1.  The  council  of  revision  should  be  abolished. 

2.  That  there  be  established  a  supreme  court  composed  of  three  judges, 
to  be  elected  by  the  qualified  voters  of  this  state,  to  hold  their  office  for 
eight  years. 

3.  'That  there  be  circuit  courts  established,  separate  from  the  supreme 
court ;  the  judges  of  circuit  courts   to   be  elected  quadrennially  by    the 
qualified  voters  of  the  state  in  their  respective  circuits. 

4.  That  there  be  elected  quadrennially  by  the  qualified  voters  of  the 
statej  a  secretary  of  state,  an  auditor  of  public  accounts,  a  state  treasurer, 
and  an  attorney  general  for  the  state. 

5.  That  there  be  a  circuit  attorney  elected  biennially,  by  the  qualified 
voters  in  each  judicial  circuit 

6.  That  the  judges  of  the  supreme  court  receive  an  annual  salary  of 
$1,000,  the  judges  of  the  circuit  courts  an  annual  salary  of  $800  each, 
the  secretary  of  state  an  annual  salary  of  $600,  the  auditor  of  public  ac- 
counts an  annual  salary  of  $1,000,  the  state  treasurer  an  annual  salary  of 
$600,  the  attorney  general  an  annual  salary  of  $450,  and  the  circuit  at- 
torneys an  annual  salary  of  $200  each. 

7.  That  there  be  elected  biennially,  by  the  qualified  voters  in  each 
county  in  this  state,  a  sheriff,  coroner,  cleik  of  the  circuit  court,  of  the 
county  court,  recorder,  judge   of  probate,  county  surveyor,  assessor,  col- 
lector, and  as  mrfhy  justices  of  the  peace  as  may  be  necessary  for  the 
county.     The  justices  of  the  peace  to  be  elected  in  districts  as  the  legis* 
lature  may  direct. 

8.  That  the  county  commissioners'  court  be  abolished,  and  the  justices 
of  the  peace  in  each  county  compose  a  court  to  perform   the  duties  now 
performed  by  the  county  commissioners'  court. 

9.  That  the  legislature  of  the  state  consist  of  one  hundred  and  thirty- 
six  membeis,  the  senate  of  thirty-six,  and  the  house  of  one  hundred  mem- 
bers.    The  senators  to  be  elected  quadrennially,  and  the   representatives 
biennially,  by  the  qtialfied  voters  of  the  counties  or  districts  from  which 
they  are  sent;  to  sit  biennially.     To  be  paid  $2  50  per  day  while  in  ses- 
sion, and  $2  for  every  twenty  miles  travel  going  to  and  returning  from 
the  seat  of  government.     The  legislature  to  be  restrained  from  borrowing 
money  on  the  faith  of  the  state,  unless  the  amount  to  be  borrowed,  and  the 
object  to  which  it  is  to  be  applied,  be  first  submitted  to  the  people  to  be 
voted  upon ;  if  sanctioned  by  them,  it  may  be   borrowed,  but  not  other- 
wise. 

10.  That  the  legislature  be  prohibited  from  granting  to  any  individu- 
al, company,  or  incorporation,  the  privilege  of  issuing  or  putting  in  circu- 


28  JOURNAL  OF  THE  CONVENTION.          (Junell. 

lation  any  bill  or  notes,  of  any  kind,  to  be  circulated  or  used  as  money  or 
in  lieu  of  money. 

11.  That  the  legislature  be  prohibited  from  granting   charters,  or  in- 
corporating companies  to  concentrate  capital,  to  carry  on  any  kind  of  bu- 
siness, except  for  the  encouragement  of  schools,  colleges,  or  seminaries  of 
learning,  unless  the  stockholders  are  made  liable  out  of  their  individual 
estates,  for  all  the  debts   created  by  such  incorporated  company  in  their 
corporate  capacity. 

12.  That  at  all  elections,  all  white   male   inhabitants,  natives   of  the 
United  States,  of  the  age  of  twenty-one  years,  having  resided  in  the  state 
six  months  next  preceding  the  election,  shall  enjoy  the  right  of  electors. 
Even-  foreigner  who  comes  to  settle  in  ihis  state,  and  resides  here  six 
months,  and  will  take  an  oath  to  support  the  constitution  of  the  United 
States,  and  of  this  State,  shall  be  entitled  to  the  right  of  an  elector. 

13.  That  taxes  and  representation  shall  be  equal. 

14.  That  private  properly  be  not  taken  for  public  use,  unless  by  the 
consent  of  the  owner,  or  by  the  decision  of  a  jury  to  be  called  to  decide 
as  well  whether  the  public  good  requires   the  property  to  be  taken,  as  to 
assess  the  amount  of  damages  to  be  paid  for  it;  therefore, 

Resolved,  That  the  1st,  2d,  and  8th  of  the  fore,  oing  propositions  be  re- 
ferred to  the  committee  on  the  Judiciary  Department;  that  the  4th.  5th, 
7th,  and  12th,  be  referred  to  the  committee  on  Elections  and  Right  of  Suf- 
frage; that  the  6th  proposition  be  referred  to  the  committee  on  Finance; 
that  the  9th,  10th,  and  14th  propositions  be  referred  to  the  committee  on 
the  Legislative  Department;  that  the  llth  proposition  be  referred  to  the 
committee  on  Incorporations;  and  that  the  13th  proposition  be  referred  to 
the  committee  on  Revenue.  Which, 
On  motion  of  Mr.  Jenkins, 

Were  laid  on  the  table. 

Mr.  Scales  offered  the  following: 

Resolved^  That  in  organizing  the  executive  department,  the  committee  on 
that  department  inquire  into  the  expediency  of  modifying  so  far  only  as, 

1.  To  take  away  from  that  department  all  power  of  appointment. 

2.  To  invest  the  executive  with  a  qualified  veto,  for  constitutional  ob- 
jections only. 

3.  To  modify  the  power  of  pardoning. 

4.  To  limit  the  power  of  convening  the  legislature  to  such  causes 
only  as  arc  rendered  extraordinary  by  the  public  interests. 

5.  Fix  the  executive  salary  at  $  per  annum. 

6.  The  election  of  a  secretary  of  state  by  the  electors  throughout  the 
state,  for  a  term  of  years,  and  at  a  salary  of  $  per  annum. 

7.  The  election  of  an  auditor  of  public  accounts  in  like  manner,  for 
a  term  of  years,  and  at  a  salary  of  $  per  annum. 

8.  The  election  of  a  state  treasurer  in  like  manner  for  a  term  of 
years,  and  at  a  salary  of  $  per  annum. 

9.  The  election  of  a  public  printer  in  like  manner,  whose  duties  and 
compensation  shall   be  fixed  and  regulated   by  law,   and  whose  term  of 
office  shall  be  years. 

10.  The  election  in  like  manner  of  an  attorney  general,  whose  term 
of  office  shrill  be  years,  and  salary  of  $  per  annum. 


June  11.]  JOURNAL  OF  THE  CONVENTION.  29 

11.  The  election,  by  the  proper  circuit,  of  one  state's  attorney,  whose 
term  of  office  shall  be  years;  and  salary  $  ,  and  sucli  fees  as 

may  be  allowed  by  law. 

Resolved,  That  in  the  organization  of  the  judiciary  department,  the 
committee  on  that  department  inquire  into  the  expediency, 

1.  Of  preserving,  distinct,  the  powers  and  principles  of  law  and  equi- 
ty; and  the  courts  in  which  they  may  be  exercised  and  administered. 

2.  The  organization  of  a  supreme  court  with  appellate  jurisdiction 
only;  to  be  held  by  one  chief  justice,  with  associates,  to  be  appoint- 
ed by  the  qualified  electors  by  general  ticket ;  tenure  of  office  to  be 
years,  at  a  salary  of  $              per  annum. 

3.  The  organization  of  circuit  courts,  with  original  common  law  and 
equity  jurisdiction,  and  appellate  from  inferior  courts,  to  be  held  by  one 
circuit  judge  ;  his  appointment  by  the  qualified  electors  of  his  own  circuit, 
tenure  of  uffice   to  be  years,  ineligibility  to   the   next  succeeding 
term,  at  a  salary  of  $  pc  r  annum. 

4.  The  organization  of  county  courts,  with  general  police  jurisdiction 
in  Bounty  affairs,  and  with  limited  jurisdiction  in  criminal  and  civil  causes, 
including  cases  of  wills  and  intestacies,  to  be  held  by  the  justices  of  the 
pence;   tenure  of  office  ycais. 

5.  The  organization  of  courts  of  justices  of  the   peace,  with  limited 
civil  and  criminal  jurisdiction  in   cases  of  misdemeanors,  to  be  appointed 
for  years  by  the  qualified  electors  of  the  county,  to  reside  in  pre- 
scribed districts — compensaton,  fres. 

6.  Appointment  of  clerks  to  the  respective  courts  in  same  manner  as 
judges. 

Resolved,  That  in  the  organization  of  the  legislative  department,  the 
committee  on  that  department  inquire  into  the  expediency, 

I.  Of  limiting  the  members  of  the  house  of  representatives  to  in 
number. 

'2.     Of  limiting  the  number  of  senators  to 

3.  Of  fixing  the  proportion  of  the  two  houses,  never  to  be  more  than 
four  nor  less  than  two  to  one. 

4.  Of  limiting  the  whole  number  never  to  exceed  nor  be  less 
than              ,  and  the  number  to  be  altered  only  once  in  years. 

5.  Of  fixing  the  compensation  of  members  at  $  per  day,  speak- 
ers at  $              ,  secretaries  at  $                ,  door-keepers  at  $  ,  other 
clerks  ;<t  $              per  day. 

6.  Of  limiting  the  powers  of  the  legislature  to  acts  of  a  general  na- 
ture, or  such  as  concern  the  public  interest  generally  or  localfv. 

7.  Of  prohibiting  private  legislation  for  individual,  company,  or  cor- 
porate benefit,  except  at  the  expense  of  the  applicants. 

8.  Of  prohibiting  the  passing  of  special   acts  for  the  relief  of  negli- 
gent, careless,  and  defaulting  public  officers,  except  at  their  own  expense. 

9.  Of  limiting  the  powers  of  legislation,  when  convened  on  extraor- 
dinary occasions,  to  those  causes  only  communicated  by  the  executive. 

10.  Of  limiting  sessions  of  the  legislature  not  to  exceed  days. 

II.  The  abolition  of  the  council  of  revision. 

1*2.  The  prohibition  to  the  legislature  of  all  power  of  appointment, 
except  of  U.  S.  senators,  and  its  own  officers. 


30  JOURNAL  OF  THE  CONVENTION.          [June  11. 

Mr.  Scales  moved  to  refer  the  resolutions  to  a  committee  of  the  whole 
convention  ; 

On  motion  of  Mr.  Hurlbut, 
The  resolutions  were  laid  on  the  table. 
Mr.  Robbing  offered  the  following: 

Resolved,  That  the  delegates  of  each  congressional  district  in  the  state 
be  constituted  a  select  committee  to  meet  to  day  at  two  o'clock,  P.  M.,  for 
the  purpose  of  appointing  from  their  respective  members,  a  select  com- 
mittee of  two,  whose  duties  it  shall  be  to  consult  with  and  advise  the 
president,  in  relation  to  the  appointment  of  the  standing  committees  of 
the  convention,  and  that  the  president  forthwith  appoint  the  respective 
chairmans  of  said  committees  ;  which, 

On  motion  of  Mr.  Campbell  of  Jo  Daviess, 
Was  laid  on  the  table. 
Mr.  Shields  offered  the  following: 

Resolved,  That  the  elections  of  this  state  be  changed  from  the  first 
Monday  in  August  to  the  first  Monday  in  November  in  each  year. 

On  motion  of  Mr.  Shumway, 
The  resolution  was  laid  on  the  table. 
Mr.  Archer  offered  the  following: 

Resolved^  That  the  secretary  be  authorized  to  procure  suitable  well 
bound  books,  in  which  to  record  the  proceedings  of  this  convention,  and, 
if  necessary,  to  employ  a  copyist  to  perform  that  service. 

Resolved,  That  a  like  number  of  the  journals  of  the  proceedings  of  this 
convention  be  printed  and  bound  for  distribution  as  were  printed  of  the 
proceedings  of  the  last  legislature. 

Resolved^  That  the  general  assembly  hereafter  to  be  convened  under 
the  constitution  of  this  state  shall  be  limited  in  its  sessions  to  sixty  days, 
at  a  per  diem  allowance  of  two  dollars,  or  a  per  diem  allowance  of  one 
dollar  after  that  time,  for  such  period  as  the  general  assembly  may  deem 
proper  and  necessary  to  prolong  the  session. 

Mr.  Peters  moved  to  lay  the  second  and  third  resolutions  on  the  table, 
and  the  question  having  been  taken,  was  decided  in  the  affirmative. 
Mr.  Archer  withdrew  the  first  resolution. 
Mr.  Thomas  introduced  the  following: 

Resolved)  That  the  secretary  be  authorized  to  procure  suitable  well 
bound  books  in  which  to  record  the  proceedings  of  this  convention,  and, 
if  necessary,  to  employ  a  copyist  to  perform  that  service. 

Mr.  Kitchell  moved  to  strike  out  all  after  the  word  "  resolved,"  and  in- 
sert the  following: 

"  That  the  secretary  of  state  furnish  for  this  convention  well  bound 
books  for  recording  the  journals  of  this  convention,  and  that  the  conven- 
tion proceed  to  appoint  an  additional  secretary,  whose  duty  it  shall  be  to 
copy  the  journals  of  this  convention  in  such  books. 

Mr.  Whitney  moved  to  lay  the  resolution  and  amendment  on  the  table. 
Mr.  Kitchell  called  for  a  division  of  the  question. 

The  question  was  then  taken  on  laying  the  amendment  on  the  table, 
and  it  was  decided  in  the  affirmative. 

Mr.  Whitney  withdrew  the  remainder  of  his  motion. 


June  11.]          JOURNAL  OF  THE  CONVENTION.  31 

Mr.  Kinney  of  St.  Clair  offered  the  following  amendment,  by  which  he 
proposed  to  strike  out  after  "resolved,"  and  add 

"  That  the  assistant  secretary  of  the  convention  act  as  the  copyist  of 
the  journal." 

On  motion  of  Mr.  Scates, 

The  resolution  and  amendment  were  laid  on  the  table. 

Mr.  Campbell  of  McDonough  offered  the  following: 

Resolved,  That  no  negro,  mulatto,  Indian,  or  other  person  of  mixed 
blood  of  the  one-eighth  blood,  shall  ever  be  permitted,  or  in  anywise  al- 
lowed to  attain,  use  or  acquire  citizenship  or  residence  in  this  state  from 
and  alter  the  adoption  of  the  constitution,  which  this  convention  is  now 
called  to  frame. 

On  motion  of  Mr.  Cross  of  Winnebago, 

The  resolution  was  laid  on  the  table  until  the  first  day  of  December 
next. 

Mr.  Brockman  offered  the  following : 

Resolved,  That  hereafter  no  new  county  shall  be  created  by  the  legisla- 
ture of  this  state,  and  organized  by  the  people  of  said  county,  unless  the 
same  shall  contain  an  area  of  four  hundred  square  miles. 
On  motion  of  Mr.  Markley, 

The  resolution  was  laid  on  the  table. 

Mr.  Worcester  offered  the  following: 

Believing  that  important  measures  are  necessary  to  advance  the  cause 
of  education,  the  basis  of  our  republican,  form  of  government,  and  to  ele- 
vate the  moral  standard  of  common  schools,  the  only  source  from  which 
most  of  our  youth  derive  their  education;  therefore, 

Resolved,  That  an  article  be  ingrafted  into  our  state  constitution  cre- 
niing  the  office  of  state  superintendent  of  common  schools,  who  shall  be 
elected  by  the  people  and  hold  his  office  for  the  term  of  four  years,  and 
until  his  successor  is  elected  and  qualified,  and  receive  a  salary  of  $  , 
whose  duty  it  shall  be  to  have  the  general  superintendence  of  common 
schools  in  this  state^  and  report  the  condition  of  the  same  in  a  manner  and 
as  often  as  may  be  required  by  law.  Also,  that  county  superintendents 
of  schools  be  elected  in  every  county  at  their  general  elections,  and  hold 
their  office  for  the  term  of  two  years,  and  receive  from  the  county  rev- 
enue a  reasonable  compensation,  to  be  fixed  by  law,  whose  duty  it  shall 
be  to  superintend  the  schools  in  the  several  counties,  and  report  to  the 
state  superintendent  from  time  to  time  as  he  may  require. 

Mr.  Shumway  proposed  to  amend  the  resolution  by  adding  the  follow- 
ing: 

"And  that  the  legislature  be  prohibited  from  borrowing  the  school,  col- 
lege and  seminary  fund." 

On  motion  of  Mr.  Peters, 

The  resolution  and  amendment  were  laid  on  the  table. 

Mr.  Sharpe  offered  the  following: 

Resolved,  That  the  following  be  an  additional  rule  of  the  convention: 

RULE  — .     No  member  shall  be  allowed  to  address  this  convention  for 
a  longer  period  than  one  hour  at  a  time. 
On  motion  of  Mr.  Stadden, 

The  resolution  was  laid  on  the  table. 


32  JOURNAL  OF  THE  CONVENTION.  [June  11. 

Mr.  Bosbyshtll  offered  the  following: 

Resolved,  That  the  ratio  of  representation  shall  not  allow  more  than 
two  members  to  any  one  county,  and  that  each  county  shall  have  one  rep- 
resentative. 

On  motion  of  Mr.  Cross  of  Winnebago, 
The  resolution  was  laid  on  the  table. 
Mr.  Geddes  offered  the  following: 

Resolved.  That  the  constitution  be  so  amended  that  all  elections  shall  be 
by  ballot. 

Which,  on  his  motion,  was  laid  on  the  table. 
Mr.  Marshall  offered  the  following: 

Resolved,  That  the  elective  franchise  in  this  state  shall  be  confined  to 
white  male  citizens  of  the  United  States,  and  to  such  unnaturaiized  for- 
eigners as  have  heretofore  exercised  the  privilege  of  voting:  Provided, 
such  foreigners  immediately  declare  their  intention  of  becoming  citizens 
according  to  law. 

On  motion  of  Mr.  Colby, 
The  resolution  was  laid  on  the  table. 

Mr.  Wead  offered  the  following  resolution  ;  which  was  adopted: 
Resolved,  Thnt  the  governor  of  this  state  be  requested  to  furnish  this 
convention  with  a  full  statement  of  the  amount  of  the  public  debt,  for 
what  purpose  contracted,  and  when  payable.  Also,  a  full  statement  ol 
the  means,  present  and  prospective,  at  the  command  of  the  state  for  the 
payment  of  such  debt,  and  the  amount  paid  thereon  since  1840. 

Mr.  Grimshaw  offered  the  following  resolution;  which  was  adopted: 
Resolved,  That  the  auditor  of  state  be  requested  to  furnish  this  conven- 
tion, in  tabular  form,  a  statement  of  the  revenue  of  the  several  counties 
of  this  State.  Also,  of  the  state  revenue  from  the  year  1839,  inclusive, 
to  the  present  year.  Also,  that  the  auditor  of  state  transmit  a  copy  of  this 
resolution  to  the  clerks  of  the  several  county  commissioners'  courts,  with 
the  request  that  said  clerks  transmit  in  form,  aforesaid,  all  information  on 
the  subjects  aforesaid,  which  can  be  obtained  from  the  files  and  records  of 
said  counties,  and  that  the  said  clerks  further  report  the  amount  of  the  in- 
debtedness of  said  counties  to  said  auditor. 

Mr.  Woodson  offered  .the  following,  as  an  additional  rule,  viz: 
<4No  standing  rule  of  this  convention  shall  be  rescinded  without  a  vote 
of  two-thirds  of  the  convention." 

And  the  question  having  been  taken  on  the  adoption  of  the  rule,  was 
decided  in  the  negative. 

On  motion  of  Mr.  Pratt, 

The  last  clause  of  the  17th  rule  was  suspended. 
Mr.  Minshall  moved  that  the  vote  taken  upon  concurring  with  the  com- 
mittee on  rules,  in  their  adoption,  be  reconsidered;  and  pending  the  ques- 
tion, upon  which  motion, 

Mr.  Edwards  of  Sangamon  offered  the  following  order;  which  was 
adopted: 

Ordered,  That,  (  until  further  ordered  )  any  standing  rule  or  order  of 
the  convention  may  be  rescinded  or  amended  by  a  majority  of  the  con- 
vention. 


June  11.]  JOURNAL  OF  THE  CONVENTION.  33 

That  thu  convention  now  proceed  to  take  into  consideration  the  amend- 
ment of  the  rules. 

So  the  rules  were  taken  under  consideration. 

Mr.  Markley  moved  to  amend  rule  six  by  striking  out  the  word  "  ten," 
and  inserting  "  four"  in  lieu  thereof. 

The  question  having  been  taken,  it  was  decided  in  the  negative. 

Mr.  McCallen  moved  to  strike  out  the  12th  rule,  and  insert  in  lieu  there- 
of the  following: 

"All  the  standing  committees  shall  be  appointed  by  the  president,  and 
chosen  alternately  from  the  several  congressional  districts  of  the  state, 
and  they  shall  elect  their  chairmen  by  ballot." 

The  question  having  been  taken  on  the  amendment,  it  was  decided  in 
the  negative. 

Mr.  Robbins  moved  the  following,  as  an  amendment  to  the  16th  rule,  to 
be  added  to  it: 

"  And  each  member,  while  speaking,  shall  confine  himself  to  the  sub- 
ject matter  in  debate  before  the  convention." 

And  on  the  adoption  of  the  same  the  yeas  and  nays  were  demanded; 
when, 

On  motion, 

The  convention  adjourned  to  three  o'clock.  P.  M. 


THREE    O'CLOCK,   P.    M. 


The  convention  met  pursuant  to  adjournment. 

The  convention  resumed  the  consideration  of  the  amendment  to  the 
16th  rule,  offered  by  Mr.  Robbins. 

Mr.  Hay  moved  the  following,  as  an  amendment  to  the  amendment,  to 
be  added  thereto: 

*'  And  that  no  member  shall  speak  more  than  thirty  minutes  at  one 
time**1 

Mr.  Thomas  moved  to  lay  the  amendment  and  the  amendment  to  the 
amendment  on  the  table; 

Mr.  Allen  called  for  a  division  of  the  question; 

The  question  having  been  taken,  the  amendment  to  the  amendment  was 
laid  on  the  table. 

The  question  was  then  taken  upon  laying  the  amendment  upon  the  ta- 
ble, and  decided  in  the  affirmative. 

Mr.  Markley  moved  to  amend  the  17th  rule  by  striking  out  all  after  the 
word  "  convention.'* 

And  the  question  having  been  taken  on  the  proposed  amendment,  it 
was  decided  in  the  negative. 

Mr.  Palmer  of  Macoupin  moved  to  amend  the  18th  rule  by  striking 
out  the  words  "  except  so  much  of  the  16th  rule  as  restricts  the  speaking 
to  more  than  twice." 

The  question  having  been  taken,  it  was  decided  in  the  negative. 
3 


34  JOURNAL  OF  THE  CONVENTION.          [June  14. 

Mr.  Sharpe  moved  the  following,  as  an  additional  rule;  which  was 
adopted: 

RULE  — ,  The  rules  of  the  convention  may  be  suspended  in  whole 
or  in  part  by  the  consent  of  two-thirds  of  the  members  present. 

Mr.  Edwards  moved  the  following  as  an  additional  rule  ;  which  was 
adopted: 

RULE  — .  When  a  question  is  under  debate,  no  motion  shall  be  re- 
ceived but  to  adjourn,  to  lie  on  the  table,  the  previous  question,  to  com- 
mit or  amend,  to  postpone  to  a  day  certain,  to  postpone  indefinitely;  which 
several  motions  shall  have  precedence  in  the  order  in  which  they  are  ar- 
ranged; and  no  motion  to  postpone  to  a  day  certain,  to  commit  or  post- 
pone indefinitely,  being  decided  shall  be  again  allowed  at  the  same  stage 
of  the  proposition. 

Mr.  Williams  moved  to  take  from  the  table  the  preamble  and  resolutions 
introduced  yesterday  by  Mr.  Woodson;  and  the  question  having  been  ta- 
ken, it  was  decided  in  the  affirmative. 

So  the  resolutions  were  taken  up  for  consideration. 

Mr.  Logan  moved  to  amend  the  second  proposition  in  the  second  reso- 
lution, by  striking  out  the  three  first  lines  and  inserting  the  following  in 
lieu  thereof  : 

44  The  supreme  court  shall  consist  of  three  judges,  to  be  elected  in  dis- 
tricts, but  after  the  election  it  shall  be  decided  by  lot  which  of  them  shall 
have  the  first  class,  which  the  second,  and  which  the  third  ;  the  judge 
drawing  in  the  first  class  shall  hold  his  office  for  four  years,  the  one  draw- 
ing the  second  for  eight  years,  and  the  one  drawing  the  third  shall  hold 
his  ofnce  for  twelve  years. 

On  motion  of  Mr.  Thomas, 

The  preamble,  resolutions,  and  amendment  were  referred  to  a  commit- 
tee of  the  whole  convention — Mr.  Sherman  in  the  chair;  after  some  time 
spent  in  the  consideration  of  the  first  resolution, 
On  motion  of  Mr.  Ballingall, 

The  committee  rose,  reported  and  asked  leave  to  sit  again. 

The  question  recurring — "Shall  the  committee  have  leave  to  sit  again  ?" 
on  being  taken,  was  decided  in  the  negative. 
On  i^otion, 

The  convention  adjourned  until  Monday  morning,  nine  o'clock. 


MONDAY,  JUNE  14,  1847. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Barger. 

The  journal  of  Friday  was  read  and  corrected. 

Mr.  Ballingall  presented  the  certificate  of  election  of  one  of  his  col- 
leagues, David  L.  Gregg,  delegate  from  the  county  of  Cook; 

James  M.  Lasater,  member  of  the  convention  elect,  from  the  county 
of  Hamilton,  also  presented  his  certificate  of  election; 

Whereupon,  Messrs.  Gregg  and  Lasater  appeared,  and  the  oath  of 
office  was  administered  by  James  W.  Keys,  esq. 


June  14.]          JOURNAL  OF  THE  CONVENTION.  35 

The  president  announced  the  following  as  the  standing  committees  of 
the  convention: 

On  the  Executive  Department. — Messrs.  Lockwood,  Rountree.  Vance, 
Manly,  Sharpe,  Huston,  Evey,  Worcester,  Hay  and  Frick. 

On  the  Judiciary  Department. — Messrs.  Scales,  Logan,  Henderson, 
Ballingall,  Hoes,  iiarlan,  Farwell,  MinshalJ,  Wead,  Davis  of  Massac,  and 
Hurlbut. 

On  the  Legislative  Department. — Messrs.  Dement,  Williams,  Dale, 
Constable,  Thompson,  Z.  Casey,  Witt,  Servant,  Marshall  of  Ma^ou, 
Peters,  Judd,  Rives,  Pace,  Powers  and  Heacock. 

On  the  Bill  of  Rights. — Messrs.  Caldwell,  Grimshaw,  Trower,  Cross  of 
Winnebago,  Webber,  Knapp  of  Jersey,  Carter,  Atherton,  Hunsaker  and 
Sim. 

On  Incorporations— Messrs.  Harvey,  Dummer,  Bosbyshell,  Edmonson, 
Green  of  Tazewell,  ALderson,Kinney  of  St.  Clair,  Allen,  Whitney,  Spen- 
cer and  Lasater. 

On  Revenue. — Messrs.  Z.  Casey,  Thomas,  Green  of  Clay,  Knox, 
Laughlin,  Palmer  of  Marshall,  IStadden,  McClure,  Eccles,  Jones  and 
Vernor. 

On  Elections  and  Right  of  Suffrage. — Messrs.  Davis  of  Massac,  Green 
of  Jo  Daviess,  Marshall  of  Coles,  Brown,  Geddes,  Ballingall,  Hawley, 
Armstrong,  McCallen,  Oliver  and  Knowlton. 

On  Finance. — Messrs.  fSherman,  Davis  of  Montgomery,  Hogue,  Archer, 
Robbing,  Dunlap,  Blakely,  Brockman,  Pratt,  Mieurc,  Harper,  Roman, 
Hatch,  Adams  and  West. 

On  Education. — Messrs.  Campbell  of  Jo  Daviess.  Edwards  of  Madi- 
son, Shumway,  Smith,  of  Gallatin,  Palmer  of  Macoupin.  Pinkney,  Ma- 
theny,  Choate,  Harding,  Churchill,  Turner,  Tutt,  Robinson  and  Shields. 

On  the  Organization  of  Departments  and  offices  connected  with  the  Ex- 
ecutive Department. — Messrs.  Archer,  Gregg,  Edwards  of  Sangamon, 
Miller,  McCully,-Landcr,  McCallen,  Church,  Akin,  Loudon,  Kinney,  of 
Bureau,  Sibley,  Kenner  and  Moffett. 

On  the  Division  of  the  State  into  Counties  and  their  Organization. — 
Messrs.  Jenkins,  Lasater,  Blair,  Markley,  Graham,  Simpson,  Mason, 
Cross  of  Woodford,  Turnbull,*  Cunady  and  Hill. 

On  the  Militia  and  Military  Affairs. — Messrs.  Whiteside,  Morris,  James, 
HcHatton,  Deitz,  Holmes,  Kreider,  Huston,  Tuttle,  Smith  of  Macon, 
Dawson,  Moore  and  Jackson. 

On  the  Revision  and  Adjustment  of  the  articles  of  the  Constitution  adop- 
ted by  this  convention,  and  to  provide  for  the  alteration  and  amendment  of 
the  same. — Messrs.  Edwards  of  Madison,  Scales,  Logan,  Allen,  Knowl- 
ton, Butler,  Singleton,  Holmes,  Caldwell,  Norton,  Farwell,  Gregg,  Wood- 
son  and  Thomas, 

On  Miscellaneous  subjects  and  questions. — Messrs.  Grain,  Bunsen, 
Campbell  of  McDonough,  F.  S.  Casey,  Colby,  Cross  of  Woodford, 
Dunn,  Dunsmore,  Lemon,  Liriley,  Nichols,  Smith  of  Macon,  and  North- 
cott. 

On  Law  Reform. — Messrs.  Hayes,  Knapp  of  Scott,  Woodson,  Thorn- 
ton, Kitchell,  Davis  of  McLean,  Bond,  Norton,  Thomns,  Kinney  of  St. 
Clair,  and  Edwards  of  Sangamon. 


36  JOURNAL  OF  THE  CONVENTION.          [June  14. 

Mr.  Minshall  withdrew  the  motion  made  by  him  on  Friday  last,  to  re- 
consider the  vote  taken  upon  concurring  with  the  committee  on  Rules, 
in  their  adoption. 

On  motion  of  Mr.  Dement, 

Ordered,  That  two  hundred  copies  of  the  rules  and  a  list  of  the  stand- 
ing committees  be  printed  for  the  use  of  members  of  this  convention. 

The  president  laid  before  the  convention  a  communication  from  the 
sectetary  of  state,  in  reply  to  a  resolution  of  the  convention,  requesting 
a  "statement  of  the  amount  and  present  condition  of  the  school,  college 
and  seminary  fund  of  this  state  and  the  prospects  of  their  future  receipts," 
&c.,  which  was  read,  and 

On  motion  of  Mr.  Witt, 

Laid  on  the  table. 

Mr.  Shumway  offered  the  following: 

Resolved,  That  the  following  rules  of  action  ought  to  be  inserted  in  the 
new  constitution: 

1st.  On  the  final  passage  in  either  house  of  the  general  assembly  of 
every  act  which  imposes,  continues  or  revives  any  appropriation  of  pub- 
lic or  trust  money  or  property;  or  releases,  discharges,  or  commutes  any 
claim  or  demand  of  the  state,  the  question  shall  be  taken  by  the  yeas 
and  nays,  which  shall  be  duly  entered  upon  the  journals,  and  three-fifths 
of  all  the  members  elected  to  either  house  shall,  in  such  cases,  be  necessary 
to  make  a  quorum  therein. 

2d.  No  appropriation  shall  ever  ba  paid  out  of  tho  treasury  of  this 
state,  or  any  of  its  funds,  or  any  funds  under  its  management,  except  in 
pursuance  of  an  appropriation  by  law;  nor  unless  such  appropriation  be 

made  within years,  next  after  the  passage  of  such  appropriation 

act;  and  every  such  law,  making  a  new  appropriation,  or  continuing  or 
reviving  an  appropriation,  shall  distinctly  specify  the  sum  specified  and 
the  object  to  which  it  is  applied,  and  it  shall  not  be  sufficient  for  such  law 
to  refer  to  any  law  to  fix  such  sum. 

3d.  The  legislature  shall  not  grant  extra  compensation  to  any  officer, 
ngent,  servant  or  public  contractor,  after  such  public  service  shall  have 
been  performed,  or  contract  entered  into  for  the  performance  of  the  same. 

4th.  The  legislature  shall  have  power  to  make  any  deductions  from  the 
salaries  of  public  officers  who  may  neglect  the  performance  of  any  duty 
that  may  be  assigned  them  by  law. 

On  his  motion,  the  resolution  was  referred  to  the  committee  on  the 
Legislative  Department. 

Mr.  Dale  offered  the  following: 

Resolved,  That  tribunals  of  conciliation  be  establisheJ,  with  powers  and 
duties  to  be  prescribed  by  law,  whose  judgment  shall  be  obligatory  on 
the  parties  where  they  voluntarily  submit  their  matters  in  difference,  and 
agree,  before  such  tribunal,  to  abide  the  decision  of  such  tribunal. 

Which,  on  his  motion,  was  referred  to  the  committee  on  the  Judiciary 
Department. 

Mr.  Dement  offered  the  following: 

Resolved^  That  the  order  of  proceeding  in  the  amendment,  revision  or 
alteration  of  the  present  constitution  of  this  state,  shall  be  the  reading  of 
the  articles  and  sections  thereof,  in  their  order,  and  referring  them. 


June  14.]         JOURNAL  OF  THE  CONVENTION.  37 

together  with  such  amending  propositions  as  may  seem  expedient,  to  ap- 
propriate committees  for  their  consideration. 

Mr.  Brockman,  moved  to  amend  the  resolution  by  striking  out  all  after 
the  word  "resolved,'1  and  inserting  the  following: 

"That  the  government  of  the  state  of  Illinois,  shall  consist  of  three 
distinct  and  separate  powers  or  departments,  to-wit: 

1st.  The  executive, 

!2d.  The  legislative,  and 

3d.  The  judicial. 

And  no  person  or  collection  of  persons,  belonging  to,  or  in  any  wise  ex- 
ercising the  powersof  one  of  those  departments,  shall  exert  or  exercise 
any  powers  propeily  attached  to  either  of  the  others,  except  in  the  in- 
stances herein  expressly  permitted. 

The  supreme  executive  power  of  this  state  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  "the  governor  of  the  state  of  Illinois," 
who  shall  be  elected  for  the  term  of  four  years  by  the  qualified  electors 
of  this  state,  at  the  time  and  places  where  they  shall  respectively  vote 
for  the  members  of  the  general  assembly.  He  shall  be,  at  least,  thirty- 
three  years  of  age,  and  a  citizen  of  the  United  States,  and  at  his  election 
he  shall  have  been  an  inhabitant  of  this  State  for  five  years  next  prece- 
ding said  election. 

There  shall  be  a  lieutenant  governor  elected  for  the  same  term  of  years, 
in  the  same  manner,  at  the  same  time,  and  possess  the  same  qualifications 
as  the  governor,  who  shall  be,  ex  officio,  speaker  of  the  senate,  and  super- 

intendent  of  common  schools,  who  shall  receive  an  annual  salary  of 

dollars. 

Every  govern Dr  so  elected  shall  have  power  to  appoint  a  secretary  of 
state,  by  arid  with  the  consent  of  the  senate  and  house  of  represen- 
tatives, who  shall  remain  in  office  during  the  term  for  which  the  gov- 
ernor is  elected,  and  who  shall  receive  an  annual  salary  of  one  thous- 
and dollars. 

There  shall  be  in  this  state  an  auditor  of  public  accounts,  elected  for 
the  term  of  four  years  by  the  qualified  electors  of  this  state,  who  shall  re- 
ceive an  annual  salary  of  fifteen  hundred  dollars. 

There  shall  be  in  this  state  a  state  treasurer,  elected  for  the  term  of 
four  years  by  the  qualified  electors  of  this  state,  who  shall  receive  an 
annual  salary  of  one  thousand  dollars. 

There  shall  be  in  this  state  an  attorney  general,  elected  for  the  term  cf 
four  years  by  the  qualified  electors  of  this  state,  who  shall  receive  an 
annual  salary  of  eight  hundred  dollars, and  who  shall  perform  the  duties 
of  district  state's  attorney  in  the  judicial  district  in  which  the  capital  is 
situated. 

The  legislative  power  of  this  state  shall  be  vested  in  two  separate  and 
distinct  branches,  to  wit:  a  senateand  house  of  representatives,  to  be  styled 
"the  general  assembly  of  the  state  of  Illinois." 

The  state  senators  shall  be  elected  by  the  people  for  the  term  of  four 
years,  in  the  manner  hereinafter  prescribed,  and  each  senator  shall  be 
above  the  age  of  twenty-five  years,  and  a  citizen  of  this  state  three  years 
next  preceding  his  election. 

The  members  of  the  house  of  representatives  shall  be  elected  by  the 
people  of  this  state  for  the  term  of  two  years,  in  the  manner  hereinafter 


38  JOURNAL  OF  THE  CONVENTION  [June  14. 

pi  escribed,  and  each  member  shall  bo  above  the  age  of  twenty  one 
years,  and  a  citizen  of  this  state  three  years  next  preceding  his  election. 
The  senate  shall  be  composed  of  forty  members,  who  shall  be  elected 
from  senatorial  districts  to  be  created  by  the  legislature,  and  based  upon 
th?  ratio  of  the  free  white  inhabitants  of  this  state.  Each  member  shall  re- 
ceive three  dollars  per  day  during  the  session  of  the  general  assembly. 

The  house  of  representatives  shall  be  composed  of  one  hundred  mem- 
bers, for  thirt)'  yearsnext  succeeding  the  adoption  of  the  constitution,  who 
shall  be  elected  from  representative  districts  to  be  created  by  the  legis- 
lature, based  upon  the  ratio  of  the  free  white  inhabitants  of  this  state. 
Each  member  shall  receive  three  dollars  per  day  during  the  session  of  the 
general  assembly. 

The  general  assembly  of  this  state  shall  convene  at  the  capital  on  the 
first  Monday  in  January,  184—,  and  biennially  thereafter;  the  sessions 
thereof,  whether  general  or  special,  shall  not  be  for  a  longer  term  than 
sixty  days,  but  the  governor  shall  have  power  to  prolong  said  sessions,  if 
in  his  opinion  the  interests  of  the  people  demand  the  same* 

The  senate  and  house  of  representatives  shall  have  power  to  elect  a 
public  printer,  and  each  body  shall  elect  such  other  officers  as  shall  be 
necessary  for  the  speedy  transaction  of  business. 

The  judicial  power  of  this  state  shall  be  vested  in  one  supreme  court, 
and  ten  circuit  courts.  The  supreme  court  to  be  composed  of  three 
members,  who  shall  be  elected  by  the  people  by  general  ticket,  and  who 
shall  serve  for  a  term  of  eight  years,  and  each  justice  thereof  shall  re- 
ceive an  annual  salary  of  fifteen  hundred  dollars.  Said  supreme  court  shall 
hold  its  sessions  semi-annually,  on  the  first  Monday  in  June  and  December 
at  the  capital  of  this  state. 

Thejud.es  of  the  circuit  courts  shall  be  elected  in  judicial  circuits  by 
the  qualified  voters  thereof,  and  shall  serve  fora  term  of  four  years  and 
shall  receive  annual  salaries  of  one  thousand  dollars  each. 

The  people  of  each  judicial  circuit  shall  elect  a  state's  attorney,  who 
shall  receive  an  annual  salary  of  three  hundred  dollars,  and  shall  servs  for 
the  term  of  four  years. 

Each  county  in  this  state  shall  elect  a  clerk  to  its  respective  circuit 
court,  who  shall  serve  for  a  term  of  four  years. 

All  regular  elections  for  members  to  the  Congress  of  the  United  States, 
and  for  state  and  county  office?,  sh#JI  be  on  the  first  Monday  of  October. 

All  free  white  male  inhabitants  of  this  state,  being  natives  of  the  United 
States,  and  all  aliens  who  first  shall  have  filed  in  a  proper  court  of  record 
their  intentions  bonafide  to  become  citizens  of  the  United  States,  and 
who  shall  have  resided  in  this  state  one  year,  shall  be  qualified  electors  and 
admitted  to  exercise  the  right  of  suffrage  upon  paying  a  capitation  tax. 

There  shall  be  a  county  court  established  in  each  county  in  this  state, 
to  be  composed  of  the  justices  of  the  peace  thereof,  to  be  elected  every  two 
years.  Said  court  shall  have  jurisdiction  over  all  county  matters  and  county 
revenues  and  also  probate  jurisdiction,  and  have  the  settlement  of  all 
estates  of  deceased  persons. 

All  assessments  of  property,  whether  real,  personal  or  mixed  shall  be 
ad  valorem* 


June  14.]  JOURNAL  OF  THE  CONVENTION.  39 

There  shall  be  a  capitation  tax  of  one  dollar  levied  upon  each  and 
every  free  white  male  inhabitant  of  this  state  over  the  age  of  twenty- 
one  years. 

The  legislature  of  this  state  shall  not  create  any  bank  or  banking  priv- 
ileges of  any  name  or  nature  whatever,  and  no  institution  shall  be  crea- 
ted in  this  state  vested  with  power  to  issue  bills  of  credit. 

Mr.  Worcester  moved  to  amend  the  amendment  by  striking  out  the 
words: 

"The  house  of  representatives  shall  be  composed  of  one  hundred  mem^ 
bers,"  and  the  words,  "the  senate  shall  be  composed  of  forty  members,1' 
and  insert  in  lieu  thereof  the  following: 

"The  senate  shall  consist  of  twenty  members;  the  house  of  representa- 
tives of  fifty  members,  until  the  year  I860,  when,  if  the  legislature  shall 
deem  proper,  it  may  increase  the  number  of  both  houses  ten  members,  to 
be  in  the  same  ratio,,  and  so  on,  increasing  ten  members  every  ten  years 
thereafter,  never  however  to  exceed  one  hundred." 
On  motion  of  Mr.  Robbins, 

The  amendment  and  the  amendment  to  the  amendment  were  laid  on 
the  table. 

Mr.  Churchill  moved  to  amend  the  resolution  by  striking  out  all  after 
word  "resolved,"  and  inserting  in  lieu  thereof  the  following: 

"That  the  convention  now  receive  resolutions  and  propositions  to  be 
referred  to  the  committee  on  the  Executive  Department." 

The  question  being  taken  upon  amending  the  resolution,  it  was  decided 
in  the  negative. 

On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  M. 

The  convention  met. 

The  question  pending  at  the  adjournment  was  on  the  adoption  of  the 
resolution  offered  this  morning  by  Mr.  Dement,  which  he  modified  so  as  to 
make  it  read  thus: 

Resolved,  That  in  convention  the  order  of  proceeding  in  the  amend- 
ment, revision  or  alteration  of  the  present  constitution  of  this  state,  shall 
be  to  take  it  up  and  read  in  their  order  the  articles  and  sections  thereof; 
or  referring  the  amending  propositions  to  appropriate  committees  for  their 
consideration: 

Resolved,  That  so  much  of  the  constitution  as  relates  to  the  executive 
department  be  committed  to  the  committee  on  the  Executive  Department. 

That  so  much  as  relates  to  the  judiciary  be  committed  to  the  committee 
on  the  Judiciary  Department. 

So  much  as  relates  to  the  legislative  department  be  referred  to  the 
committee  on  the  Legislative  Department. 

So  much  as  relates  to  the  bill  of  rights  to  the  committee  on  the  Bill  of 
Rights. 

So  much  as  relates  to  incorporations  to  the  committee  on  Incorporations. 

So  much  as  relates  to  revenue  to  the  committee  on  Revenue. 


40  JOURNAL  OF  THE  CONVENTION.  [June  14. 

So  much  as  relates  to  elections  and  the  right  of  suffrage,  to  the  com- 
mittee on  Elections  and  the  Right  of  Suffrage. 

So  much  as  relates  to  finance  to  the  committee  on  Finance. ' 

So  much  as  relates  to  education  to  the  committee  on  Education. 

So  much  as  relates  to  the  organization  of  the  departments  and  officers 
connected  with  the  executive  departments,  to  the  committee  on  the  or- 
ganization of  the  Departments  and  officers  connected  with  the  Executive 
Department. 

So  much  as  relates  to  the  division  of  the  State  into  counties,  and  their 
organization,  to  the  committee  on  the  Division  of  the  State  into  Coun- 
ties and  their  Organization;  and 

So  much  as  relates  to  the  militia  and  military  affairs  to  the  commit- 
tee on  the  Militia  and  Military  Affairs. 

Mr.  Shumway  moved  to  amend  said  resolutions  by  striking  out  all  after 
the  word  "resolved,"  and  insert  the  following: 

"That  the  different  portions  of  the  present  constitution  shall  be  referred 
to  the  appropriate  committees  for  their  consideration  and  action  by  report. 
And  that  this  convention  proceed  to  the  further  consideration  of  the 
amendment,  revision  and  alteration  of  the  constitution,  by  considering, 
in  convention  or  in  the  committee  of  the  whole,  such  propositions  for 
amendments  as  may  be  submitted  to  this  convention." 

And  the  question  having  been  taken  upon  amending  the  resolution  as 
proposed,  it  was  decided  in  the  negative. 

The  question  was  then  taken  upon  the  adoption  of  the  resolution  as 
modified,  and  decided  in  the  affirrnatire. 

So  the  resolution  as  modified  was  adopted. 
On  motion  of  Mr.  Woodson, 

Resolved,  That  whenever  a  standing  committee  shall  report  to  this  con- 
vention, said  report  shall  be  taken  up  and  considered  and  disposed  of  be- 
fore any  other  proposition  shall  be  taken  up. 

Mr.  Markley  moved  that  the   vote   taken  upon    Mr.  Dement' s   modi- 
fied resolution,  adopted  this  afternoon,  be  re-considered;  which,  under  the 
rule,  lies  over  to  a  subsequent  day. 
On  motion  of  Mr.  Minshall, 

The  order  of  business  specified  in  Mr.  Dement's  modified  resolution,  was 
suspended  for  to-day. 

Mr.  Markley  offered  the  following: 

Resolved,  That  the  committee  on  Incorporations  be  and  they  are  here- 
by instructed  to  report  an  amendment  of  the  constitution,  prohibiting 
forever  within  this  state  the  incorporation  of  any  bank  or  company  for 
banking  purposes,  and  the  manufacture  and  emission  by  any  company, 
copartnership,  or  individual,  of  any  bank  note,  or  other  paper  designed 
to  circulate  as  paper  money. 

Mr.  Pratt  moved  to  amend  the  resolution  by  striking  out  all  after  the 
word  "  resolved,"  and  inserting  in  lieu  thereof  the  following: 

"That  the  standing  committee  on  Incorporaiions  be  instructed  to  in- 
quire into  the  expediency  of  reporting  the  following  provisions,  to  be 
adopted  in  the  amended  constitution; 

44 1.  There  shall  be  no  bank  of  issue  or  discount  within  this  state. 


June  14]          JOURNAL  OF  THE  CONVENTION.  41 

"2.  The  legislature  shall  not  have  power  to  authorize  or  incorporate, 
by  any  general  or  special  law,  any  bank  or  other  institution  having  any 
banking  power  or  privilege,  or  to  confer  upon  any  corporation,  institu- 
tion, person,  or  persons,  any  banking  power  or  privilege. 

44 3.  It  shall  not  be  lawful  for  any  corporation,  institution,  person,  or  per- 
sons,  within  this  state,  under  any  pretence  or  authority,  to  make  or  issue 
any  paper  money,  note,  bill,  certificate,  or  other  evidence  of  debt,  intended 
to  circulate  as  money. 

"  4.  It  shall  not  be  lawful  for  any  corporation  within  this  state,  under  any 
pretence  or  authority,  to  exercise  the  business  of  receiving  deposits  of 
money,  making  discounts,  or  buying  01  selling  bills  of  exchange,  or  to  do 
any  other  banking  business  whatever. 

"  5.  No  bank  or  agency  of  any  bank  or  banking  institution  of  the  United 
States,  or  any  state  or  territory  within  or  without  the  TTnij^  States,  shall 
be  established  or  maintained  within  this  state. 

"  6.  It  shall  not  be  lawful  to  circulate  within  this  state,  after  the  year 
1848,  any  paper  money,  note,  bill,  certificate,  or  other  evidence  of  debt 
whatever,  intended  to  circulate  as  money,  issued  without  this  state,  of  any 
denomination  less  than  ten  dollars;  after  the  year  1850,  of  any  denomi- 
nation less  than  twenty  dollars. 

"  7.  All  payments  made,  or  business  transactions  done,  in  paper  money, 
in  this  state,  and  coming  within  the  meaning  of  the  last  section,  are  de- 
clared to  be  utterly  void;  and  the  legislature  shall,  at  its  first  session  after 
the  adoption  of  these  amendments,  and  from  time  to  time  thereafter  as  it 
may  be  necessary,  enact  adequate  remedies  for  the  punishment  of  all  vio- 
lations and  evasions  of  the  provisions  of  the  preceding  section." 

Mr.  Laughlin  moved  to  amend  the  amendment  by  substituting  in  lieu 
thereof  the  following: 

"That  the  legislature  of  this  state  shall  have  no  power  to  incorporate 
any  bank  or  banks,  or  other  monied  institution,  without  such  act  of  in- 
corporation  being  first  sanctioned  by  a  direct  vote  of  the  people  of  this 
state." 

On  motion  of  Mr.  Thomas, 

The  resolution  and  amendments  were  referred  to  the  committee  on  In- 
corporations. 

Mr.  West  offered  the  following: 

Resolved,  That  no  ex  post  facto  law,  nor  any  law  impairing  the  validity 
of  contracts,  nor  any  law  lessening  the  remedy  of  creditors  in  the  collec- 
tion of  debts  from  the  remedy  in  force  at  the  time  of  contracting  such 
debts,  nor  any  law  legalizing  the  suspension  of  specie  payments  by  any 
bank  hereafter  created  in  this  state  shall  ever  be  passed. 

On  his  motion,  it  was  referred  to  the  committee  on  the  Judiciary  De- 
partment. 

On  motion  of  Mr.  Harvey, 

Resolved.,  That  the  constitution  of  this  state  be  so  amended  as  to  abolish 
the  council  of  revision. 

On  motion  of  Mr.  Edmonson, 

Resolved,  That  the  committee  on  Revenue  be  instructed  to  report  to 
this  convention  an  amendment  to  the  constitution,  declaring  that  the  leg- 
islature shall  never  assess  the  value  of  property  subject  to  taxation,  and 


42  JOURNAL  OF  THE  CONVENTION.          [June  14, 

providing  that  all  taxable  property  shall  be  assessed  at  its  intrinsic  value 
by  an  assessor  appointed  for  that  purpose. 

Mr.  Dawson  offered  the  following: 

Whereas  the  good  people  of  this  state  require  at  our  hands  economy 
in  every  department  thereof;  therefore,  be  it 

Resolved,  That  this  convention  will  prohibit  the  establishment  of  the 
office  of  public  printer,  and  all  printing  thereafter  shall  be  done  by  the 
lowest  responsible  bidder,  under  proper  regulations  of  law. 

On  his  motion,  the  preamble  and  resolution  were  referred  to  the  com- 
mittee on  Finance. 

Mr.  Dawson  offered  the  following: 

Resolved  by  this  convention,  That  all  taxes  arising  from  pleasure  car- 
riages, gold  and  silver  watches,  gold  and  silver  plate,  money  at  interest, 
and  bank  stock,  shall  forever  be  applied  by  the  legislature  for  common 
school  purposes.  All  fines  and  forfeitures  accruing  to  the  state  shall  be 
added  to  the  school  fund. 

On  his  motion,  the  resolution  was  referred  to  the  committee  on  Fi- 
nance. 

On  motion  of  Mr.  Archer, 

Resolved,  That  the  committee  on  the  Executive  Department  be  in- 
structed to  inquire  into  the  expediency  of  so  amending  the  constitution 
as  to  limit,  by  some  proper  restrictions,  the  pardoning  power  of  the  exec- 
utive of  this  state,  and  that  they  report  such  amendments  for  that  pur- 
pose as  they  may  deem  expedient. 

Resolved,  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  so  amending  the  constitution  as 
to  prohibit  the  legislature  from  borrowing  any  money  upon  the  credit  of 
the  state,  until  the  bill  providing  therefor  shall  have  been  submitted  to 
and  received  the  sanction  of  the  people,  except  to  meet  an  emergency 
requiring  the  immediate  use  of  money  before  the  vote  of  the  people  can 
be  taken,  and  then  only  to  a  limited  amount;  and  that  said  bill  shall  fur- 
ther provide  for  the  payment  of  interest  and  principal,  and  that  said  law 
be  irrepealable  until  the  same  is  paid;  and  that  said  committee  report 
such  amendments  as  they  may  deem  necessary  to  effect  such  objects. 

Mr.  Dement  offered  the  following: 

Resolved,  That  the  amended  constitution  shall  contain  an  article  or  sec- 
tions, limiting  the  number  of  members  of  the  general  assembly  of  this 
state  to  the  number  of  one  hundred,  and  that  there  be  thirty  senators  and 
seventy  representatives,  both  to  be  elected  for  two  years  only. 

Mr.  Z.  Casey  moved  an  amendment  to  the  resolution,  b_y  which  he  pro- 
posed to  strike  out  all  after  "resolved,"  and  add: 

"That  the  committee  on  the  Legislative  Department  be  instructed  to 
inquire  into  the  expediency  of  amending  the  present  constitution  by  pro- 
viding— 

"1.  That  the  number  of  members  shall  be  sixty — forty  in  the  house, 
and  twenty  in  the  senate. 

"2.  That  they  meet  once  in  two  years. 

44  3.  That  their  sessions  do  not  exceed  sixty  days. 

"4.  That  their  per  diem  allowance  be  fixed  at  two  dollars." 


June  14.]          JOURNAL  OF  THE  CONVENTION.  43 

Mr.  Edmonton  moved  to  add,  as  a  substitute  for  the  amendment,  thus: 

"That  the  committee  on  the  Legislative  Department  be  and  are  here- 
by instructed  to  report  to  this  convention  the  following  amendments: 

"  1.  The  general  assembly  of  this  state  shall  meet,  biennially,  on  the 
first  Monday  in  January. 

44 2.  The  general  assembly  of  this  state  shall  not  remain  in  session  a 
longer  period  than  sixty  days. 

"3.  The  number  of  senators  and  representatives  in  the  general  assem- 
bly of  this  state  shall  not  exceed  one  hundred. 

"4.  The  members  of  the  general  assembly  of  this  state  shall  severally  re- 
ceive from  the  public  treasury  a  compensation  for  their  services,  of  two 
dollars  per  day,  during  their  attendance  on,  going  to,  and  returning  from 
the  sessions  of  their  respective  houses." 

On  motion  of  Mr.  Markley,  !v 

The  resolution  and  amendments  were  referred  to  the  committee  on  the 
Legislative  Department. 

On  motion  of  Mr.  Butler, 

Resolved,  That  the  committee  on  the  Judiciary  Department  be  instructed 
to  inquire  into  the  expediency  of  abolishing  the  county  commissioners' 
court,  and  substituting  a  precinct  or  township  organization  instead 
thereof. 

Resolved,  That  the  committee  on  Elections  and  the  Right  of  Suffrage 
be  instructed  to  inquire  into  the  expediency  of  changing  the  day  of  gen- 
eral elections,  and  fixing  the  same  on  the  first  Monday  of  November  an- 
nually. 

Mr.  Woodson  offered  the  following: 

Art.  — .  The  legislature  shall  provide  by  law  for  the  levy  and  collec- 
tion of  a  capitation  tax,  on  each  male  person  over  the  age  of  twenty-one 
years,  residing  in  this  state,  of  not  more  than  one  dollar  per  annum. 

On  his  motion,  the  same  was  referred  to  the  committee  on  Revenue. 
On  motion  ofJVlr.  Shumway, 

Resolved^  That  the  committee  on  the  Judiciary  Depaitment  be  instructed 
to  inquire  into  the  expediency  of  inserting  the  following  in  the  new  con- 
stitution: 

No  judge  of  the  supreme  or  circuit  courts  shall  be  appointed  or  elected 
to  any  office  of  honor,  profit,  or  trust  under  the  government  of  this  state 
during  the  term  for  which  he  shall  have  been  elected,  except  that  a  judge 
of  the  circuit  court  may  be  elected  to  the  supreme  court:  Provided^  that 
if  any  judge  shall  resign  his  office,  he  shall  be  ineligible  to  any  office  for  a 
longer  period  than  twelve  months  after  such  resignation.  If  any  judge 
shall  offer  or  consent  to  be  a  candidate  for  any  office  under  the  government 
of  the  United  States,  such  offer  or  consent  shall  be  taken  and  considered 
a  voluntary  resignation  of  his  office. 
On  motion  of  Mr.  Jones, 

Resolved,  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  and  propriety  of  limiting  the  num- 
ber of  members  of  the  general  assembly  to  ninety,  to  wit,  sixty  in  the 
house  of  representatives  and  thirty  in  the  senate,  until  the  inhabitants  of 
the  state  shall  amount  to  one  million,  to  be  apportioned  among  the  several 
counties  or  districts,  to  be  established  by  law,  according  to  the  number  of 


44  JOURNAL  OF  THE  CONVENTION.          [June  14. 

white  inhabitants;  and  that  said  committee  also  inquire  into  the  expediency 
and  propriety  of  granting  power  to  the  legislature  to  increase  the  number 
of  members  of  the  general  assembly  after  the  said  inhabitants  shall  amount 
to  one  million,  in  a  ratio  not  exceeding  one  representative  for  every  six- 
teen thousand,  and  one  senator  for  every  thirty-two  thousand  inhabitants, 
over  and  above  the  said  million,  until  the  number  of  members  shall  amount 
to  one  hundred  and  twenty. 

Resolved,  That  the  same  committee  inquire  into  the  propriety  of  appor- 
tioning the  representation  to  the  general  assembly  in  conformity  with  the 
limitations  contained  in  the  foregoing  resolution,  and  of  providing  that  all 
ejections  for  members  of  the  general  assembly,  to  be  held  after  the  adoption 
of  the  constitution,  be  held  in  conformity  with  the  said  apportionment, 
until  otherwise  directed  by  law. 

Mr.  Campbell  of  Jo  Daviess  offered  the  following: 

1.  Resolved,  That  the  committee  on  the  Judiciary  be  requested  to  inquire 
into  the  expediency  of  so  amending  the  constitution  that  sheriffs  shall  be 
elected  for  the  term  of  three  years,  and  shall  not  be  eligible  for  more  than 
one  term  consecutively. 

2.  Resolved,  That  the  committee  on  the  Legislative  Department  be  re- 
quested to  inquire  into  the  expediency  of  abolishing  the  oflice  of  lieutenant 
governor. 

3.  Resolved,  That  a  committee  of  five  be  appointed  by  the  president  of 
the  convention,  to  ascertain,  if  possible,  on  what  terms  an  official  reporter 
of  the  debates  herein  can  be  employed,  and  report  the  same  to  this  con- 
vention at  their  earliest  convenience. 

On  motion  of  Mr.  Wead, 

The  second  resolution  was  amended  by  adding  to  it  the  words,  "  and  also 
the  attorney  general/' 

Mr.  Kitchell  moved  to  amend  the  third  resolution  by  adding  thereto  the 
following: 

"And  that  the  committee  inquire  into  the  probable  expense  of  printing 
and  publishing  one  thousand  copies  of  the  reports." 

The  question  having  been  taken  on  agreeing  to  the  amendment,  it  was 
decided  in  the  negative. 

Mr.  Markley  demanded  a  division  on  the  first  two  resolutions;  and  the 
question  having  been  taken  upon  the  adoption  of  the  first  two  resolutions, 
as  amended,  it  was  decided  in  the  affirmative. 
On  motion  of  Mr.  Palmer  of  Marshall, 

The  third  resolution  was  indefinitely  postponed. 

On  request  of  Mr.  Caldwell,  he  was  excused  from  serving  on  the  com- 
mittee on  the  Bill  of  Rights. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning,  nine  o'clock. 


June  15.]          JOURNAL  OF  THE  CONVENTION.  45 

TUESDAY,  JUNE  15,  1847. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Bailey. 

The  journal  of  yesterday  was  read  and  corrected. 

Mr.  Farwell  presented  the  petition  of  forty-seven  of  the  inhabitants 
the  state  of  Illinois  praying  the  creation  of  the  office  of  state  superintend- 
ent of  common  schools;  which  was  read,  and, 
On  motion  of  Mr.  Farwell, 

Referred  to  the  committee  on  Education. 

Mr.  Thornton  presented  a  petition  signed  by  William  Morgan  and  oth- 
ers on  various  subjects;  which  was  read,  and,  on  his  motion,  referred  to 
the  committee  on  Miscellaneous  Subjects  and  Questions. 

The  motion  submitted  yesterday  by  Mr.  Markley,  to  reconsider  Mr. 
Dement's  modified  resolution,  adopted  yesterday  afternoon,  was  taken  up 
for  consideration; 

The  question  was  then  taken  on  the  reconsideration  of  the  vote  on  the 
first  resolution,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Eccles, 

The  same  resolution  was  laid  on  the  table  until  the  first  day  of  January 
next. 

The  preamble,  propositions,  and  resolution  offered  by  Mr.  Jenkins  on 
the  llth  instant,  and  laid  on  the  tflble,  were,  on  his  motion,  taken  up. 

Mr.  Jenkins  moved  that  the  propositions  be  referred  to  committees  spe- 
cified in  the  resolution,  as  follows: 

The  first,  second,  third  and  eighth  propositions  to  the  committee  on  the 
Judiciary  Department; 

The  fourth,  fifth,  seventh,  and  twelfth  propositions  to  the  committee  on 
Elections  and  the  Right  of  Suffrage; 

The  sixth  proposition  to  the  committee  on  Finance; 

The  ninth,  tenth  and  fourteenth  propositions  to  the  committee  on  the 
Legislative  Department; 

The  eleventh  proposition  to  the  committee  on  Incorporations. 

The  thirteenth  proposition  to  the  committee  on  Revenue. 

Mr.  Markley  moved  the  previous  question; 

The  question  was  then  put, — "  Shall  the  main  question  be  now  put?" 
and  decided  in  the  affirmative. 

The  question  was  then  put  on  the  motion  of  Mr.  Jenkins,  and  decided 
in  the  affirmative. 

Mr.  Davis  of  McLean  offered  the  following: 

Resolred,  That  the  committee  on  the  Judiciary  inquire  into  the  expedi- 
ency of  organizing  the  judiciary  on  the  following  basis: 

1.  A  supreme  court  of  three  members,  (having  appellate  jurisdiction 
only,)  to  be  chosen  in  separate  districts,  by  the  qualified  electors  thereof, 
for  a  term  of  nine  years.  Provision  to  be  made  for  so  classifying  those 
elected  that  one  shall  be  elected  every  third  year.  After  the  expiration 
o/  their  terms  under  such  classification  the  term  of  their  office  shall  be 
nine  years.  Said  judges  to  receive  an  annual  salary  of  $  1,200,  to  be  re- 


46  JOURNAL  OF  THE  CONVENTION.  {June  15' 

eligible,  but  incapable  of  holding  any  office  of  trust  or  profit  for  the  terms 
for  which  they  were  elected,  and  two  years  thereafter. 

2.  A  clerk  of  said  court,  to  be  chosen  by  the  qualified  electors  of  the 
state  at  large,  for  a  term  of  three  years. 

3.  A  division  of  the  state  into  number  of  circuits,  and  a  judge 
to  be  elected  in  each  circuit,  by  the  qualified  electors  thereof,  for  a  term 
of  six  years,  to  receive   an  annual  salary  of  one   thousand  dollars,  to  be 
ineligible  for  a  second  election,  or  for  any  office  of  trust  or  profit,  until  two 
years  after  his  term  of  office  shall  have  expired.     Said  courts,  in  addition 
to  their  present  jurisdiction,  to  have  exclusive  probate  jurisdiction. 

4.  A  clerk  of  said  court  to  be  elected  in  each  county   by  the  people 
for  a  term  of  three  years,  who  shall  be  ex-officio  recorder  of  deeds. 

5.  A  circuit  attorney,  to  be  elected  by  the  qualified  electors  of  each 
judicial  circuit  for  a  term  of  six  years,  and  to  have  an  annual  salary   of 
$300. 

6.  The  times  for  electing  judges  to  be  at  a  different  time  from  the  gen- 
eral election  of  state  officers. 

Mr.  Campbell  of  Jo  Daviess  moved  to  amend  the  resolutions  by  adding 
the  following: 

Resolved,  That  the  state  be  divided  into  supreme  judicial  distncts, 

in  each  of  which  one  term  of  the  supreme  court  will  be  held  annually. 

Mr.  Powers  moved  to  amend  the  amendment  by  striking  out  all  after 
the  word  "  resolved"  and  insert  in  lieu  thereof  the  following: 

"  That  the  judges  of  the  supreme  court  shall   hold   one   term  of  court 
annually  in  each  of  the  judicial  circuits." 
On  motion  of  Mr.  Kitchcll, 

The  resolution  and  amendments  were  referred  to  the  committee  on  the 
Judiciary  Department. 

On  motion  of  Mr.  Smith  of  Macon, 

Resolved,  That  the  committee  on  Revenue  be  requested  to  inquire  into 
the  expediency  of  so  amending  the  constitution  as  to  prohibit  the  legist- 
ture  from  pledging  the  faith  of  (he  state  for  the  payment  of  a  larger  sum 
than  fifty  thousand  dollars,  without  first  submitting  the  amount  and  its 
objects  to  the  people,  at  a  general  election,  and  receive  their  approval. 

Also  to  inquire  into  the  expediency  of  locating  the  seat  of  government 
in  the  constitution. 

On  motion  of  Mr.  Shumway, 

Resolved,  That  the  committee  on  the  Legislative  Department  be  re-- 
quested to  inquire  into  the  expediency  of  prohibiting,  by  constit  nal 
provision,  any  member  of  the  legislature  from  receiving  any  civil  appoint- 
ment within  this  state,  or  to  the  senate  of  the  United  States,  from  the 
governor,  the  governor  and  senate,  or  from  the  legislature,  during  the  term 
for  which  he  shall  have  been  elected. 
On  motion  of  Mr.  Church, 

Resolv&d,  That  the  committee  on  the  Bill  of  Rights  be  requested  to  in- 
quire into  the  expediency  of  so  amending  the  6th  article  of  the  present 
constitution  that  it  shall  provide  that  *4  there  shall  be  neither  slavery  nor 
involuntary  servitude  in  this  state,  otherwise  than  for  the  punishment  of 
crimes  whereof  the  party  shall  have  been  duly  convicted.  Nor  shall  any 
person  be  derived  of  liberty  on  account  of  color." 


June  15.]          JOURNAL  OF  THE  CONVENTION.  47 

Mr.  Knapp  of  Scott  offered  the  following: 

Resolved,  That  the  amended  constitution  shall  provide  that  every  bill 
which  shall  have  been  passed  by  both  branches  of  the  legislature  shall,  on 
receiving  the  approval  and  the  signature  of  the  governor,  become  a  law 
of  this  state;  but  if  the  governor  shall  not  approve  the  same,  he  shall  re- 
turn it  to  the  house  whence  it  originated,  with  his  objections  in  writing, 
and  if,  on  a  full  consideration  of  such  objections,  a  majority  of  all  the 
members  elect  in  the  two  houses  shall  pass  such  bill,  it  shall  become  a  law 
of  this  state,  notwithstanding  the  objections  of  the  governor. 

Resolved,  That  the  convention  requests  the  several  standing  committees 
of  this  body,  when  they  report,  that  they  submit  their  conclusions  in  sec- 
tional form,  without  submitting  the  reasons  by  which  they  have  arrived 
at  them. 

Resolved,  That  the  committee  on  Elections  be  requested  to  consider  the 
propriety  of  fixing  the  time  of  electing  judges  on  a  different  day  from 
that  fixed  for  the  election  of  other  officers,  with  a  view  to  securing  said 
-judicial  election  as  far  as  possible  from  partizan  influence. 

Mr.  Scates  called  for  a  division  on  the  first  resolution  ;  which  resolu- 
tion, 

On  motion  of  Mr.  Knapp  of  Scott, 

Was  referred  to  the  committee  on  the  Legislative  Department. 

Mr.  Wead  called  for  a  division  on  the  remaining  resolutions. 

Mr.  Scates  moved  to  amend  the  second  resolution  by  striking  out  the 
words:  "  without  submitting  the  reasons  by  which  they  have  arrived  at 
them." 

The  question  having  been  taken,  the  amendment  was  rejected. 

The  question  having  been  taken  on  the  adoption  of  the  second  resolu- 
tion, it  was  decided  in  the  affirmative. 

Mr.  Shumway  moved  to  amend  the  third  resolution  by  adding  thereto 
the  following: 

"  Resolved,  That  tbe  committee  on  Elections  and  the  Right  of  Suffrage 
be  requested  to  inquire  into  the  expediency  of  giving  the  legislature  con- 
stitutional power  of  excluding,  by  law,  any  person  or  persons  who  shall 
make,  or  become  directly  or  indirectly  interested  in  any  bet  or  wager  de- 
pending upon  the  result  of  any  election,  from  the  right  of  voting  at  such 
election." 

The  question  having  been  taken,  the  amendment  was  agreed  to. 

The  question  having  been  taken  on  the  resolution  as  amended,  it  was 
•de^'.'.fd  in  the  affirmative. 

Mr.  Davis  of  Montgomery  offered  the  following: 

Resolved,  That  the  committee  on  Elections  inquire  into  the  expediency 
of  so  amending  the  constitution  as  to  have  all  voting  at  elections  by  ballot. 

Mr.  Hurlbut  moved  to  amend  the  resolution  by  adding  thereto  the  fol- 
lowing: 

u  Resolved,  That  the  same  committee  be  instructed  to  inquire  into  and 
report  upon  the  expediency  of  so  altering  the  27th  section  of  article  3d 
as  to  require  that  all  electors  shall  be  citizens  of  the  United  States." 

Mr.  Marshall  of  Mason  moved  to  amend  the  amendment  by  striking 
out  all  after  the  word  "  resolved,"  and  inserting  in  lieu  thereof  the  fol- 
lowing: .^. 


48  JOURNAL  OF  THE  CONVENTION.          [June  15. 

"  That  the  standing  committee  on  Elections  and  the  Right  of  Suffrage 
be  instructed  to  inquire  into  the  expediency  of  reporting  an  amendment 
to  the  present  constitution  providing  that  in  all  elections  every  free  white 
male  citizen  of  the  United  States,  who  shall  have  attained  the  age  of 
twenty-one  years,  and  shall  have  resided  in  the  state  twelve  months,  and 
in  the  county  or  district  in  which  he  may  offer  to  vote  one  month  next 
preceding  the  election,  shall  enjoy  the  right  of  an  elector:  Provided, 
That  all  foreigners  exercising  the  right  of  suffrage  in  this  state,  at  the 
time  of  the  adoption  of  the  revised  constitution,  shall  thereafter  be  deem- 
ed qualified  electors. 

On  motion  of  Mr.  Davis  of  Montgomery, 

The  resolution  and  amendments  were  referred  to  the  committee  on  Elec- 
tions and  the  Elective  Franchise. 

On  motion  of  Mr.  Davis  of  Massac, 

Resolved,  That  the  committee  on  the  Bill  of  Rights  be  and  they  are 
hereby  instructed  to  inquire  into  the  expediency  of  reporting  the  follow- 
ing amendment  to  the  present  constitution,  to  wit: 

That  in  all  criminal  prosecutions  the  accused  hath  a  right  to  be  heard 
by  himself  and  counsel;  to  demand  the  nature  and  cause  of  accusation 
against  him;  to  meet  the  witnesses  face  to  face;  to  have  compulsory  pro- 
cess to  compel  the  attendance  of  witnesses  in  his  favor;  and  in  prosecu- 
tions by  indictment  or  information,  a  speedy  public  trial  by  an  impartial 
jury  of  the  county  or  district,  wherein  the  offence  shall  have  been  com- 
mitted, which  county  or  district  shall  have  been  previously  ascertained  by 
law;  and  that  he  shall  not  be  compelled  to  give  evidence  against  him- 
self 

Mr.  Dawson  offered  the  following  : 

Resolved,  That  the  committee  on  the  Organization  of  the  Departments 
of  State  be  instructed  to  inquire  into  the  propriety  of  electing  the  gover- 
nor for  the  term  of  three  years.  The  members  of  the  general  assembly 
to  be  elected  at  the  same  time  the  governor  is  elected,  and  to  commence 
their  session  at  the  same  time  the  governor  is  installed  in  office,  and  to 
serve  only  one  session  of  sixty  days  within  the  three  years  for  which  the 
governor  was  elected,  and  each  member  receive  two  dollars  per  day  for 
their  services,  and  two  dollars  for  every  twenty  miles  going  and  coming 
to  and  from  the  seat  of  government,  and  no  more. 

Mr.  Campbell  of  Jo  Daviess  moved  to  amend  the  resolution  by  striking 
out  the  word  <4  two"  and  inserting  in  lieu  of  it  the  word  '*  three." 

The  question  having  been  taken  on  agreeing  to  the  proposed  amend- 
ment, it  was  decided  in  the  negative. 

The  question  having  been  taken  upon  the  adoption  of  the  resolution,  it 
was  decided  in  the  affirmative. 

Mr.  Turner  offered  the  following: 

Resolved,  That  the  committee  on  the  Legislative  Department  be  instruc- 
ted to  inquire  into  the  expediency  of  providing  that  no  crime  committed 
within  this  state  shall  be  punished  by  the  infliction  of  death  upon  the  of- 
fender. 

Mr.  McCallen  moved  to  amend  said  resolution  by  striking  out  all  after 
the  word  <;  resolved,"  and  inserting  the  following  in.  lieu  thereof : 


June  15.]          JOURNAL  OF  THE  CONVENTION.  49 

"That  the  committee  on  the  Judiciary  be  requested  to  inquire  into  the 
expediency  of  so  amending  the  constitution  as  to  abolish  capital  punish- 
ment forever — and  that  the  pardoning  power  be  taken  from  the  governor 
in  all  cases  where  the  punishment  by  the  present  constitution  is  death." 
On  motion  of  Mr.  Hayes, 

The  resolution  and  amendment  were  referred  to  the  committee  on  Lnw 
Reform. 

On  motion  of  Mr.  Thornton, 

Resolved,  That  the  committee  on  Law  Reform  be  requested  to  inquire 
into  the  expediency  of  so  amending  the  constitution  as  that  testimony  in 
suits  in  courts  of  equity  be  taken  in  the  same  manner  as  in  suits  at  law. 

Mr.  MofTett  offered  the  following: 

Whereas  the  people  of  this  state  have  been  imposed  upon  by  the 
depreciated  currency  of  other  states — to  partially  remedy  this  evil, 

Resolved,  That  from  and  after  the  first  day  of  January,  1849,  no  bank 
bill  shall  be  passed  in  this  state,  of  a  less  amount  than  twenty  dollars,  and, 
in  the  event  of  a  bank  being  established  in  this  state,  it  shall  not  issue 
any  bill  of  a  less  denomination  than  twenty  dollars. 

Mr.  Prait  moved  to  amend  the  same  by  substituting  therefor  the  follow- 
ing: 

Resolved,  That  the  committee  on  Incorporations  be  instructed  to  report 
such  provisions  as  will  effectually  prohibit  the  power  of  the  legislature  to 
create,  or  authorize  any  individual,  company,  or  corporation  with  bank- 
ing powers  in  this  siate. 

Resolved,  That  said  committee  inquire  into  and  report  to  the  convention 
such  provisions  as  are  best  calculated  gradually  to  exclude  from  and  pro- 
hibit the  circulation  in  this  state  of  bank  bills  under  the  denomination  of 
twenty  dollars. 

Mr.  Hurlbut  moved  to  amend  the  amendment  by  striking  out  all  after 
"  resolved,"  and  adding  : 

"That  the  committee  on  Incorporations  be  instructed  to  inquire  into 
the  expediency  of  so  amending  and  altering  the  2lst  section  of  article 
8th  of  the  constitution,  as  to  provide  for  the  institution  of  a  system  of 
general  banking  laws,  similar  in  principle  with  the  propositions  lately 
adopted  in  the  constitution  of  the  state  of  New  York." 
On  motion, 

Ordered,  That  the  article  of  the  constitution  of  the  state  of  New  York, 
relating  to  corporations,  be  read. 

Mr.  Markley  moved  that  the  pending  amendment  to  the  amendment  be 
laid  on  the  table  until  the  1st  of  January  next. 
On  motion, 

The  convention  adjourned  to  9  o'clock,  to-morrow  morning. 


50  JOURNAL  OF  THE  CONVENTION.          [June  16. 

WEDNESDAY,  JUNE  1C,  1817. 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Dresser. 

The  journal  of  yesterday  was  read. 

Mr.  Evey  presented  a  petition  of  forty-nine  citizens  of  Shelby  county, 
praying  that  the  number  of  senators  and  representatives  be  decreased  to 
the  number  of  seventy-five — that  their  per  diem  pay  be  fixed  at  two  dol- 
lars, and  to  limit  the  length  of  sessions  to  sixty  days,  except  upon  extraor- 
dinary occasions,  &c. 

On  motion  of  Mr.  Evey, 

The  petition  was  referred  to  the  committee  on  Miscellaneous  Subjects 
and  Questions. 

Mr.  Z,  Casey,  from  the  committee  on  Revenue,  reported  the  following 
resolution,  and  recommended  its  adoption: 

Resolvsd,  That  the  auditor  of  public  accounts  be  requested  to  report  to 
to  this  convention: 

1.  The  amount  paid  to  the  members  of  the  last  general  assembly  on 
account  of  their  compensation  per  diem. 

2.  The  amount  paid  to  the  said  members  for  their  mileage. 

3.  The  amount  paid  to  the  officers  and  other?  employed  by  the  said 
general  assembly. 

4.  The  amount  paid  for  all  printing  done  by  order  of  the  said  general 
assembly,  except  the  printing  of  the  laws  and  journals. 

5.  The  amount  paid  for  pi  inting  the  laws  and  journals  of  the  said  gen- 
eral assembly. 

6.  The  amount  paid  for  binding  the  said  laws  and  journals. 

7.  The  amount  paid  for  stationery,  fuel,  and  all  other  expenses  not 
herein  specified,  as  far  as  the  same  can  be  ascertained. 

The  question  was  put  upon  concurring  with  the  committee  in  their  re- 
port, and  decided  in  the  affirmative. 

So  the  resolution  was  adopted. 

Mr.  Kccles,  from  the  committee  on  Revenue,  which  had  been  instructed 
by  the  convention  to  inquire  into  the  expediency  of  providing  in  the  new 
constitution  for  levying  and  collecting  a  poll  tax,  reported  the  following 
resolution,  and  asked  for  its  adoption: 

Resolved,  That  the  new  constitution  shall  provide  for  a  poll  tax. 

Mr.  Rountree  moved  to  amend  the  resolution  by  adding  thereto  the  fol- 
lowing: 

"Provided,  That  the  power  to  levy  a  capitation  tax,  by  the  legislature, 
be  proposed  as  a  distinct  proposition  for  adoption  or  rejection  by  the  peo- 
ple at  the  same  time  and  places  at  which  the  vote  shall  be  taken  on  the 
adoption  or  rejection  of  the  new  constitution;  and  if  it  shall  appear  that 
at  said  election,  more  votes  are  £iven  in  favor  of  said  proposition  than  are 
given  against  it,  the  legislature  shall,  at  its  next  session  thereafter,  pro- 
vide by  law  for  levying  such  capitation  tax,  and  continuing  in  force  a  law 
for  the  collection  of  a  capitation  tax;  Provided,  however,  That  the  non- 


June  17.]  JOURNAL  OF  THE  CONVENTION.  51 

payment  of  such  tax  shall  not  disqualify  persons  who  are  otherwise  qual- 
ified voters  from  enjoying  the  rights  of  electors." 

Mr.  Smith  ot  Macon  moved  to  amend  the  amendment  by  adding  there- 
to the  following: 

*'  Provided,  That  the  legislature,  in  exercising  this  power,  be  limited  to 
the  sum  of  fifty  cents  upon  the  persons  of  all  able-bodied  men  between 
the  age  of  twenty-one  and  forty-five  years,  and  this  power  not  to  be  ex- 
ercised after  the  present  public  debt  of  the  state  shall  have  been  liqui- 
dated." 

On  motion  of  Mr.  Thomas, 

The  proposed  amendments  were  laid  on  the  table. 

Mr.  Norton  moved  to  amend  the  resolution  by  adding  thereto  the  fol- 
lowing proviso: 

"Provided,  That  no  capitation  tax  shall  be  assessed  against  any  person 
not  entitled  to  vote  under  the  constitution  and  laws  of  this  state;  And 
provided,  further  ^  That  said   tax  shall  be  set  apart  to  the  payment  of  the 
public  debt  until  the  same  be  paid." 
On  motion, 

The  convention  adjourned  to  three  o'clock,  P.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  met  pursuant  to  adjournment. 

The  president  appointed  Mr.  Allen  to  be  a  member  of  the   committee 
on  the  Bill  of  Rights,  in  the  place  of  Mr.  Caldwell,  excused. 
On  motion  of  Mr.  Geddes, 

Leave  of  absence  was  granted  to  Mr.  Sharpe  for  eight  days. 

The  question  pending  at  the  adjournment  this  morning  was  on  agreeing 
to  the  amendment  offered  by  Mr.  Norton  to  a  resolution  reported  by 
the  committee  on  Revenue;  after  some  time  spent  in  the  consideration 
thereof, 

On  motion, 

The  convention  adjourned  until  to-morrow  morning  at  9  o'clock. 


THURSDAY,  JUNE  17,  1S47. 

Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Hale. 

Mr.  Archer  presented  the  certificate  of  election  of  one  his  colleagues, 
Montgomery  Blair,  member  from  the  county  of  Pike; 

Mr.  Blair  then  appeared;  the  oath  of  office  was  administered  to  him  by 
James  W.  Keys,  esq.,  and  he  took  his  seat. 

The  journal  of  yesterday  was  read  and  corrected. 

The  question  pending  (under  the  resolution  of  the  convention,  provi- 
ding that  when  a  report  of  a  committee  is  made,  it  shall  be  disposed  of, 
before  any  thing  else  is  considered,)  was  upon  the  amendment  offered  by 


JOURNAL  OF  THE  COVENTION.  [June  17, 


Mr.  Norton  to  the  resolution  reported  yesterday  by  the    committee  on 
Revenue. 

On  motion  of  Mr.  Davis  of  Montgomery, 

The  amendment  was  laid  on  the  table. 

Mr.  Linley  moved  to"  amend  the  resolution  reported  by  the  committee 
on  Revenue,  by  striking  out  all  after  the  word  "resolved,"  and  inserting  in 
lieu  thereof  the  following: 

"That  the  committee  on  Revenue  be,  and  they  are  hereby  instructed 
to  report  an  amendment  to  the  constitution  so  as  to  authorize  the  legisla- 
ture to  levy  a  capitation  tax  not  to  exceed  one  dollar  on  all  free  white  male 
inhabitants  over  the  age  of  twenty-one  years,  when  they  shall  deem  it 
necessary." 

Mr.  Powers  moved  to  amend  the  proposed  amendment  by  adding 
thereto  the  following: 

"That  no  road  tax  shall  hereafter  be,  le\ied  in  this  state  in  the  form  of 
a  capitation  lax." 

On  motion  of  Mr.  Davis  of  Montgomery, 

The  proposed  amendment  was  laid  on  the  table. 

Mr.  Davis  of  Montgomery  moved  the  previous  question. 

The  question  was  then  taken — "Shall  the  main  question  be  now  put?" 
and  decided  in  the  affirmative. 

The  question  was  then  taken  agreeing  to  the  amendment  proposed  to 
the  resolution  reported  by  the  committee  on  Revenue,  and  decided  in  the 
affirmative. 

The  question  was  then  taken,  by  yeas  and  nays,  on  concurring  with 
the  committee  on  Revenue,  in  the  resolution  reported,  as  amended, 

And  decided  in  the  affirmative,       jjfoj*J 
Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Archer 
Atherton 
Blair 
Blakely 
Brockman 
Bond 
Brown 
Grain 
Canady 
Caldwell 

Campbell  of  Jo  Daviess 
F.  S.  Casey 
Choate 
Cloud 
Dale 

Davis  of  Montgomery 
Davis  of  McLean 
Davis  of  Massac 
Dawson 
Deitz* 
Dummer 
Dunlap 
Dunsmore 

Edwards  of  Sangamcn 
Eccles 


Mr.  Edmonson 
Eveyj 
Graham 
Geddes 

Green  of  Clay 
Green  of  Jo  Daviess 
Green  of  Tazwell 
Grimshaw 
Harding 
Hawley 
Hay     ' 
Hayes 
Heacock 
Henderson 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
James 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knowlton. 


Mr.  Knox 
Lander 
Laughlin 
Linley 
Lockwood 
Logan 
McCallen 
McCIure 
Manly 

Marshall  of  Coles 
Marshall  of  Mason 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Nichols 
Northcott 
Oliver 

Palmer  of  Macoupjn 
Palmer  of  Marshall 
Peters 
Pinckney 
Rives     ' 
Robinson 


- 
June  17.]  JOURNAL  OF  THE  CONVENTION.  53 

Mr.  Roman  Mr.  Singleton  Mr.  Tuttle 

Rountree  Smith  of  Gallatin  Vance 

Swann  Smith  of  Macon  Vernor 

Shields  Shumway  Webber  ^ 

Spencer  Thomas  West 

Sherman  Thompson  Williams 

Servant  Trower  Witt 

Sibley  Turner  Whiteside 

Sim  Tutt  Woodson. 
Simpson 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Edwards  of  Madison          Mr.  London 

Allen  Farwell  McCully 

Armstrong  Frick  McHatton 

Ballingall  Harlan  Markley 

Bunsen  Harper  Morris 

Butler  Harvey  Norton 

Campbell  of  McDonough          Hatch  Pace 

Carter  Hill  Pratt 

Zadok  Casey  Hoes  Powers 

Constable  Huston  Robbins 

Cross  of  Winnebago  Jenkins  Scates 

Cross  of  Woodford  Jones  Stadden 

Church  Kreider  Thornton 

Churchill  Kinney  of  St.  Clair  Turnbull 

Dement  Lasater  Wead 

Dunn  Lemon  Whitney 

Worcester. 

The  preamble  and  resolutions  introduced  on  Tuesday  last,  together 
with  the  amendments  proposed  by  Messrs.  Pratt  and  Hurlbut,  came  up 
(or  consideration. 

The  question,  pending  on  the  adjournment  on  Tuesday  evening,  was 
upon  laying  on  the  table  until  the  first  of  January  next  the  amendment 
proposed  by  Mr.  Hurlbut  to  t  he  amendment  proposed  by  Mr.  Pratt  to 
the  resolution. 

Mr.  Churchill  moved  to  lay  the  whole  subject  on  the  table. 

Mr.  Markley  called  for  a  division,  so  that  the  vote  might  first  be  taken 
on  laying  the  amendment  to  the  amendment  on  the  table. 

The  question  was  then  taken,  by  yeas  and  nays,  on  laying  the  amend- 
ment proposed  by  Mr.  Hurlbut  to  Mr.  Pratt's  amendment  on  the  table, 

And  decided  in  the  affirmative,  ]vr      '  fO 

Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Butler  Mr.  Dawson 

Allen  Grain  Dement 

Anderson  Caldwell  Dunn 

Archer  Campbell  of  Jo  Daviess  Dunsmore 

Armstrong  Carter  Eccles 

Atherton  F.  S.  Casey  Evey 

Blair  Z.  Casey  Farwell 

Blakely  Choate  Frick 

Ballingall  Constable  Green  of  Clay 

Brockman  Cross  of  Woodford  Green  of  Jo  Daviess 

Bond  Cloud  Hatch 

Bosbyshell  Dale  Hawley 

Brown  Davis  of  Montgomery  Hayes 

Bunsen  Davis  of  Massac  Heacock 


54 


JOURNAL  OF  THE  CONVENTION. 


[June  I 


Mr.  Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
James 
Jenkins 
Jones 

Knapp  of  Scott 
K^eider 

Kinney  of  Bureau 
Kinney  of  St.  Clair 
Lasater 
Laughlin 
Linley 
Logan 
Loudon 
McCallen 
Me  Cully 


Mr.  McClure 
McHatton 
Manly 
Markley 
Mason 
Moffett 
Moore 
Morris 
Nichols 
Oliver 
Pace 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Pratt 
Peters 
Powers 
Robbins 
Robinson 
Roman 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Canady 

Campbell  of  McDonough 
Cross  of  Winnebago 
Church 
Churchill 
Davis  oi  McLean 
Deitz 
Dmnrner 
Dun  lap 

Edwards  of  Madison 
Edwards  of  Sangamon 
Edmonson 
Graham 
Geddes 

Green  of  Tazewell 
Grimshaw 
Harding 
Harlan 
Harper 


Mr, 


Harvey 

Hay 

Holmes 

Hurlbot 

Huston 

Jackson 

Judd 

Knapp  of  Jersey 

Kenner 

Kitcbell 

Knowlton 

Knox 

Lander 

Lemon 

Lock  wood 

Marshall  of  Coles 

Marshall  of  Mason 

Matheny 

Mieure 

Miller 


Mr.  Rountree 
Scates 
Stadden 
Shields 
Sherman 
Sim 

Simpson 

Smith  of  Gallat'm 
Sh  urn  way 
Thompson 
Trower 
Tutt 
Vernor 
Wead 
Webber 
West 
Williams 
Witt 
Whiteside. 


Mr.  Minshall 
Northcott 
Norton 
Pinckney 
Rives 
Swan 
Spencer 
Servant 
Sibley 
Singleton 
Smith  of  Macon 
Thomas 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
Whitney 
Woodson 
Worcester. 


The  question  then  came  up  on  laying  the  amendment  proposed  by 
Mr.  Pratt  on  the  table. 

Mr.  Rountrec  asked  for  a  division,  so  that  the  vote  might  be  taken  in 
regard  to  the  first  proposition  embraced  in  the  proposed  amendment. 

The  question  was  then  taken,  by  yeas  and  nays,  on  laying  the  first  pro- 
position so  embraced  on  the  table, 

And  decided  in  the  affirmative,  <AT      '  co 

'  (Nays,         ....         58 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 


Mr.  Cloud 


Anderson 

Atherton 

Blakely 

Butler 

Canady 

Campbell  of  McDonough 

Choate 

Cross  of  Winnebago 


Church 

Churchill 

Davis  of  McLean 

Dawson 

Deitz 

Dummer 

Dunlap 

Dunn 


Mr.  Dunstnore 

Edwards  of  Madison 

Edwards  of  Sangamon 

Kccles 

Edmonson 

Evey 

Frick 

Graham 

Geddes 


June  17.]  JOURNAL  OF  THE  CONVENTION. 


55 


Mr.  Green  of  Clay 

Green  of  Jo  Daviess 
v  Green  of  Tazewell 
Grimshaw 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 

Heacock 
Henderson 
Hill 
Holmes 
Hurlbut 
Huston 
Jackson 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knowlton 


Mr. 


Knox 

Lander 

Lemon 

Lockwood 

Logan 

Loudon 

McCallen 

McClure 

McHatton 

Manly 

Marshall  of  Goles 

Marshall  of  Mason 

Mason 

Matheny 

Mieure 

Miller 

Minshall 

Moffett 

Moore 

Morris 

Northcott 

Norton 

Palmer  of  Marshall 

Peters 

Pinckney 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Blair 
Ballingall 
Brockman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Grain 
Caldwell 

Campbell  of  Jo^Daviess 
Carter 
F.  S.  Casey 
Z.  Ca:ey 
Colby 
Constable 
Cross  of  Woodford 


Mr.  Dale 

Davis  of  Montgomery 

Davis  of  Massac 

Dement 

Farwell 

Hayes 

Hoes 

Hogue 

Hunsaker 

James 

Jenkins 

Jones 

Kreider 

Kinney  of  St.  Clair 

Lasater 

Laughlin 

Linley 

McCully 

Mark  ley 


Mr.  Rives 

Robbins 
.  Robinson 
Swan 
Spencer 
Sherman 
Servant 
Sibley 
Singleton 
Smith  of  Macon 
Shumway 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tutt 
luttle 
Vance 
Webber 
West 
Williams 
Whitney 
Woodson 
Worcester. 


Mr.  Nichols  < 

Oliver 
Pace 

Palmer  of  Macoupin 
Pratt 
Powers 
Roman 
Rountree 
Scates 
Stadden 
Shields 
Sim 

Simpson 

Smith  of  Gallatin 
Thompson 
Verrior 
We  ad 
Witt 
Whiteside. 


The  question  was  then  taken,    by  yeas   and   nay?,  on   laying  on  the 
table  the    second  resolution  embraced  in  the  proposed  amendment, 

....  101 
58 


And  decided  in    the    affirmative,  i 

( 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Atherton 
Blair 
Blakely 
Butler 
Canady 
Colby 
Cross  of  Winnebago 


Mr.  Church 
Churchill 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunsmore 


Mr.  Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Evey 
Frick 
Graham 
Geddes 

Green  of  Clay 
Green  of  Jo  Daviess 


56 


JOURNAL  OF  THE  CONVENTION. 


[June  17. 


Mr.  Green  of  Tazewell 
Grimshaw 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay     ' 
Heacock 
Hill 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
James 
Jones 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knowlton 


Mr.  Knox 
Lander 
Laughlin 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
McClure 
Manly 

Marshall  of  Coles 
Marshall  of  Mason 
Mason 
Matheny 
Mieure 
Morris 
Nichols 
Northcott 
Norton 

Palmer  of  Marshall 
Peters 
Pinckney 
Powers 
Rives 
Bobbins 


Those  voting  in  the  negative,  are. 


Mr.  "Akin 
Allen 
Archer 
Armstrong 
Ballingall 
Brockman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Grain 
Caldwell 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Constable 
Cross  of  Woodford 


Cloud 

Dale 

Davis  of  Massac 

Dement 

Dunn 

Edmonson 

Far  well 

Gregg 

Hayes 

Henderson 

Hoes 

Huston 

Jenkins 

Kreider 

Kinney  of  St.  Clair 

Lasater 

Linley 

Me  Cully 

McHattbn 

Markley 


Mr.  Robinson 
Rountree 
Swan 
Spencer 
Sherman 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Macon 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams 
Whitney 
Woodson 
Worcester. 


Miller 

Minshall 

Moffett 

Moore 

Oliver 

Pace 

Palmer  of  Macoupin 

Pratt 

Roman 

Scates 

Stadden 

Shields 

Smith  of  Gallatin 

Shumway 

Thompson 

Tutt 

Vernor 

Wead 

Witt 

Whiteside. 


Mr.  Moffett  then  withdrew  the  resolution  offered  by  him. 

Mr.  Robbins  presented  the  petition  of  James  Bilderback  and  eleven 
others,  citizens  of  this  State,  praying  that  a  homestead  of  160  acres,  or  a 
town  lot  of  one  acre,  with  the  improvements,  be  exempted  from  mortgage 
or  forced  sale,  &c.;  which  was  read. 

Mr,  Robbins  moved  that  the  petition  be  referred  to  a  select  committee 
of  five. 

On  motion  of  Mr.  Scates, 

The  petition  was  referred  to  the  committee  on  Law  Reform. 

Mr.  Jones  presented  the  petition  of  William  M.  Elliot  and  fifty-seven 
others,  citizens  of  the  county  of  Perry,  in  this  State,  praying  for  the  ex- 
tension of  the  principles  of  the  declaration  of  independence,  and  to  grant 
protection  and  security  irrespective  of  color,  &c.*,  which  was  read. 


June  17.]          JOURNAL  OF  THE  CONVENTION. 


57 


Mr.  Singleton  moved  to  lay  the  petition  on  the  table  until  the  first  day 
of  December,  1848. 

Mr.  Jones  moved  that  the  petition  be  referred  the  committee  on  Elec- 
tions and  the  Right  of  Suffrage. 

Mr.  Kinney  of  St.  Clair  moved  to  lay  the  petition  on  the  table. 

The  question  was  then  taken,  by  yeas  and  nay?,  on  laying  the  petition 
on  the  table, 

i  i     -j   j  •    .1  ,•       (  Yea?,  .... 

And  decided  in  the  negative,  j  j^a    • 

Those  voting  in  the  affirmative,  are, 


48 


Mr.  Akin 

Mr.  Cloud 

Mr.  Markley 

Allen 

Davis  of  Montgomery 

Mieure 

Archer 

Davis  of  Massac 

Minshall 

Atherton 

Dawson 

Morris 

Blair 

Edrnonson 

Olver 

Blakely 
Ballingall 

Evey 
Green  of  Clay 

Pace 
Peters  VQ 

Brockman 

Hay 

Rives 

Bunsen 

James 

Robinson 

Grain 

Jenkins 

Roman 

Caldwell 

Kreider 

Shields 

Campbell  of  McDonough          Kinney  of  St.  Clair 
Carter                                          Lasater 

Singleton 
Smith  of  Gallatin 

F.  S.  Casey 

Linley 

Smith  of  Macon 

Z.  Casey 

Me  Cully 

Thornton 

Cross  of  Woodford 

McHatton 

Vernor 

Those  voting  in  the 

negative,  are, 

MT.  Adams 

Mr.  Grimshaw 

Mr.  Logan 

Anderson 

Harding 

London 

Armstrong 

Harlan 

McCallen 

Bond 

Harper 

McClure 

Bosbyshell 

Harvey 

Manly 

Brown                          •«• 

Hatch 

Marshall  ot  Coles 

Butler 

Hawley 

Marshall  of  Mason 

Canady 

Hayes 

Mason 

Choate 

Hcacock 

Matheny 

Colby 

Henderson 

Miller 

Constable 

Hill 

Moffett 

Cross  of  Winnebago 

Hoes 

Moore 

Church 

Hogue 

Nichols 

Churchill 

Holmes 

Northcott 

Dale 

Hunsaker 

Norton 

Davi  s  of  McLean 

Hurl  but 

Palmer  of  Macoupin 

Deitz 

Huston 

Palmer  of  Marshall 

Dement 

Jackson 

Pratt 

Dummer 

Jones 

Pinckney 

Dunlap 

Judd 

Powers 

Dunn 

Knapp  of  Jersey 

Robbins 

Dunsmoie 

Knapp  of  Scott 

Rountree 

Edwards  of  Madison 

Kenner 

Scales 

Edwards  of  Sangamon 

Kinney  of  Bureau 

Stadden 

Eccles 

Kitchell 

Swan 

Frick 

Knowlton 

Spencer 

Graham 

Knox 

Sherman 

Geddes 

Lander 

Servant 

Green  of  Jo  Daviess 

Laughlin 

Sibley 

Green  of  Tazewell 

Lemon 

Sim 

Gregg 

Lockwood 

Simpson 

58  JOURNAL  OF  THE  CONVENTION.  [June  17. 

Mr.  Shumvvay  Mr.  Tutt  Mr.  Williams 

Thomas                                       Tuttle  Whiteside 

Thompson                                  Vance  Whitney 

Trower                                         Wead  Woodsou 

Turnbull                                       Webber  Worcester 
Turner                                         West 

The  question  was  then  taken  on  referring  the  petition  to  the  committee 
on  Elections  and  the  Right  of  Suffrage,  and  decided  in  the  affirmative. 

Mr.  Scates,  from  the  committee  on  the  Judiciary  Department,  reported 
the  following: 

I  Resolved,  That  the  clerk  of  ihe  supreme  court  report  to  this  convention 
the  number  of  causes  decided  and  determined  by  the  said  court  at  each 
sitting  since  the  year  1810,  and  the  number  now  pending  and  undisposed 
of. 

The  question  having  been  taken  on  concurring  with  the  committee  in 
the  adoption  of  the  resolution,  it  was  decided  in  the  affirmative. 
&  Mr.  Sherman,  from  the  committee  on  Finance,  to  which  were  referred 
the  resolution  and  amendment  proposing  that  all  taxes  arising  from  pleas- 
ure carriages,  gold  and  silver  plate,  money  at  interest,  bank  stock,  togeth- 
er with  fines  and  forfeitures  to  the  state,  be  added  to  the  school  fund,  re- 
ported the  same  back  and  recommended  its  rejection.  . 
On  motion  of  Mr.  Markley, 

The  report  and   resolution  were  laid  on  the  table. 

Mr.  Scates,  from  the  committee  on  the  Judiciary  Department,  which 
was  instructed  by  resolution  "  to  inquire  into  the  expediency  of  so  amend- 
ing the  constitution,  that  sheriffs  shall  be  elected  for  the  term  of  three 
years,  and  shall  not  be  eligible  for  more  than  one  term  consecutively," 
reported  the  same  back  and  requested  to  be  discharged  from  the  consid- 
eration of  the  subject. 

The  question  having  been  taken  on  discharging  said  committee,  it  was 
decided  in  the  affirmative. 

Mr.  Scates,  from  the  same  committee,  which  was  instructed  by  resolu- 
tion "  to  inquire  into  the  expediency  of  abolishing  the  county  commission- 
ers' court,  and  substituting  a  township  or  precinct  organization  instead 
thereof,"  reported  the  same  back  and  asked  to  be  discharged  from  its  fur- 
ther consideration;  and  also  recommended  the  repeal  of  the  4th  section  of 
the  schedule. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Thomas, 

The  report  recommending  the  repeal  of  the  4th  section  of  the  sche- 
dule was  laid  on  the  table. 

Mr.  Scates,  irom  the  same  committee,  to  which  w^s  referred  a  resolu- 
tion in  relation  to  tribunals  of  conciliation,  with  powers  and  duties  to  be 
prescribed  by  law,  &c.,  reported  the  same  back  and  asked  to  be  discharg- 
ed from  its  further  consideration. 

The  question  having  been  taken  upon  discharging  the  committee ,  it  was 
decided  in  the  affirmative. 

On  motion  of  Mr.  Markley, 

The  resolution  was  laid  on  the  table. 


June  17.]  JOURNAL  OF  THE  CONVENTION.  59 

Mr.  Scales,  from  the  same  committee,  which  was  instructed  by  resolu- 
tion to  inquire  into  the  expediency  of  providing  that  nocxpost  facto  law, 
nor  any  law  impairing  the  validity  of  contracts,  &c.  shall  ever  be  passed, 
reported  the  same  back  and  asked  to  be  discharged  from  its  further  con- 
sideration. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Caldwell, 

The  resolution  was  referred  to  the  commiUee  on  the  Bill  of  Rights. 
On  motion  of  Mr.  Rountree, 

The  resolution  offered  by  him   some  days  since,  contemplating  the  cre- 
ation of  a  court  of  record,  composed  of  justices  of  the  peace,  the   aboli- 
tion of  the  county  commissioners'  court,  &c.,  was  taken  from  the  table, 
and  referred  to  the  committee  on  the  Judiciary  Department. 
On  motion  of  Mr.  Brockman, 

The  resolution  offered  by  him,  proposing  that  hereafter  no  new  county 
be  created  by  the  legislature  of  this  state,  having  an  area  of  less  than  four 
hundred  square  miles,  was  also  taken  from  the  table,  and  referred  to  the 
commiUee  on  the  Division  of  the  State  into  counties  and  their  Organiza- 
tion. 

On  motion  of  Mr.  Worcester, 

The  preamble  and  resolution  offered  by  him  proposing  the  creation,  by 
the  constitution  of  Illinois,  of  the  office  of  state  superintendent  of  com- 
mon schools,  and  of  county  superintendents,  was  taken  up,  and  referred 
to  the  committee  on  Education. 

On  motion  of  Mr.  Brockman, 

The  resolutions  offered  by  him   in  relation    to  the  organization  of  the 
government,  and  of  the  several  departments  thereof,  were  taken  from  the 
table,  and  leave  granted  him  to  withdraw  them. 
On-motion  of  Mr.  Scates, 

The  resolutions  offered  by  him  containing  divers  propositions  for  modi- 
fying the  present  organization  of  executive,  judicial,  and  legislative  de- 
partments of  government,  and  instructing  the  several  committees  on  those 
departments  to  inquire  into  the  expediency  of  such  propositions,  were  ta- 
ken from  the  table. 

The  question  was  put  upon  the  adoption  of  the  resolutions,  and  deci- 
ded in  the  affirmative. 

On  motion  of  Mr.  Lockwood, 

Resolved)  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  propriety  of  incorporating  into  the  revised 
constitution  the  following  provisions,  to  wit: 

1.  No  divorce  shall  be  granted  by  the  legislature. 

2.  No  lottery  shall  be  authorized  by  the  laws  of  this  state,  and  no  tick- 
et in  any  lottery  shall  be  bought  or  sold  within  (his  state.     It  shall  be  the 
duty  of  the  legislature  to  provide  by  law  for   the  punishment  of  all  per- 
sons who  shall  violate  this  provision  of  the  constitution. 

3.  No  private  or  special  law  shall  be  passed  authorizing  the  sale  of 
any  lands    belonging  in  whole  or  in  part  to  a  minor  or  minors,  or  other 
persons  who  may  at  the  time  be  under  any  legal  disability  to  act  them- 
selves. 


60  JOURNAL  OF  THE  CONVENTION.          [June  17. 

On  motion  of  Mr.  Edmonson, 

The  resolution  offered  by  him  instructing  the  committee  on  the  Judicia- 
ry to  inquire  into  the  expediency  of  abolishing  the  office  of  county  re- 
corder, &c.;  and  a  resolution  offered  by  him  instructing  the  committee 
on  the  Judiciary  to  inquire  into  the  expediency  of  abolishing  the  office  of 
probate  justice,  &c.,  were  taken  from  the  table. 

Mr.  Minshall  moved  to  refer  the  resolutions  to  the  committee  on  Law 
Refer  r. 

Mr.  Hurlbut  called  for  a  division  of  the  question. 

The  question  was  then  taken  on  referring  the  first  resolution  to  the  com- 
mittee on  Law  Reform,  and  decided  in  the  affiimative. 

The  question  was  taken  on  referring  the  second  resolution  to  the  same 
committee,  and  decided  in  the  affirmative. 

Mr.  Churchill  offered  the  following: 

Resolved,  That  the  committee  on  Incorporations  be  instructed,  by  this 
convention,  to  report  two  propositions  to  be  submitted  to  the  people  for 
their  direct  vote;  one  which  shall  eventually  and  effectually  prohibit  the 
circulation  of  all  paper  money  as  a  currency,  the  other  giving  to  the  gen- 
eral assembly  power  to  pass  a  restricted  general  banking  law;  the  restric- 
tions to  be  embraced  in  the  report. 

Mr.  McCallen  moved  to  amend  the  resolution  by  striking  out  all  after 
the  word  "  resolved,"  and  inserting  in  lieu  thereof  the  following: 

"  That  the  committee  on  Incorporations  be  requested  to  inquire  into 
the  expediency  of  incorporating  an  article  into  the  new  constitution  to 
prohibit  the  legislature  from  incorporating  any  bank  or  rnonied  institu- 
tion for  the  purpose  of  emitting  bills  of  exchange  or  discounts,  except  as 
hereinafter  provided. 

"1.  It  shall  be  the  duty  of  the  clerks  of  all  the  precinct  elections  of  this 
state  to  open  a  poll  at  every  general  electron  to  be  held  in  tlie  state  to 
take  a  vote  for  or  aginst  a  bank. 

"  2.  Should  a  majority  of  all  the  votes  be  cast  in  favor  of  a  bank,  then 
the  legislature  may  proceed  at  their  next  general  session  to  incorporate  a 
state  bank  and  branches;  Provided,  however,  that  no  bank,  so  chartered, 
shall  ever  proceed  to  issue  or  discount  any  bill,  until  all  the  stock  provi- 
ded for  in  said  charter  shall  be  paid  in  coin. 

U3.  No  bank  chartered  by  the  legislature  shall  ever  issue  bills^to  ex- 
ceed three  times  the  amount  of  capital  paid  in,  under  a  penalty  of  a  for- 
feiture of  their  charter. 

"  4.  No  bank,  so  chartered,  shall  ever  proceed  to  issue  bills  until  each 
individual  stockholder  shall  amply  provide  for  the  redemption  of  such  is- 
sues by  giving  a  mortgage  on  real  estate  for  double  the  amount  of  his  stock 
so  subscribed, 

"5.     Nothing  in  this  constitution  shall  be   so  construed   as  to  prevent 
the  congress  of  the   United  States  from  establishing  a  branch  or  branch- 
es of  a  national  bank  within  the  limits  of  this  state.'' 
On  motion, 

The  convention  adjourned  until  to-morrow  morning,  9  o'clock. 


June  18.]  JOURNAL  OF  THE  CONVENTION.  61 

FRIDAY,  JUNE  18,  1847. 

The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Green  of  Tazewell,  a  member. 

The  journal  of  yesterday  was  read  and  corrected. 

The  president  laid  before  the  convention  a  communication  from  the 
clerk  of  the  supreme  court,  in  reply  to  a  resolution  of  this  convention, 
calling  for  information  in  relation  to  the  number  of  causes  at  certain  times 
determined  in  said  court,  &c.;  which  was  read,  and  referred  to  the  com- 
mittee on  the  Judiciary  Department. 

Mr.  Norton  moved  that  the  committee  on  the  Judiciary  Department 
procure  the  printing  of  the  communication  from  the  clerk  of  the  supreme 
court,  just  read  and  referred  to  that  committee,  for  the  use  of  the  con- 
vention. 

On  motion  of  Mr.  Brown, 

The  motion  was  laid  on  the  table. 

Mr.  Hayes,  from  the  committee  on  Law  Reform,  to  which  was  referred 
a  resolution  offered  by  Mr.  Turner,  proposing  "  that  the  committee  on 
the  Legislative  Department  be  instructed  to  inquire  into  the  expediency 
of  providing  that  no  crime  committed  within  this  state,  shall  be  punished 
by  the  infliction  of  death  upon  the  offender;"  and  also  an  amendment 
proposed  thereto  by  Mr.  McCallen,  proposing  "  that  the  committee  on  the 
Judiciary  be  requested  to  inquire  into  the  expediency  of  so  amending  the 
constitution  as  to  abolish  capital  punishment  forever;  and  that  the  par- 
doning power  be  taken  from  the  governor  in  all  cases  where  the  punish- 
ment by  the  present  constitution  is  death,"  reported  the  same  back  and 
asked  to  be  discharged  from  the  further  consideration  of  the  same." 

The  question  was  then  taken  on  discharging  the  committee,  and  deci- 
ded in  the  affirmative. 

On  motion  of  Mr.  Hayes, 

The  resolution  and  amendment  were  laid  on  the  table, 

Mr.  Lockwood,  from  the  committee  on  the  Executive  Department, 
which  had  been  instructed  by  resolution,  offered  by  Mr.  Scales,  to  inquire 
into  the  expediency  of  incorporating  into  the  constitution  of  this  state 
sundry  modifications  of  the  present  organization  of  the  department,  made 
report  asking  to  be  discharged  from  the  further  consideration  of  proposi- 
tions contained  in  said  resolution,  numbered  7,  8,  9,  10,  and  11,  and  that 
the  same  be  referred  to  the  committee  on  the  Judiciary  Department,  and 
also  recommending  the  incorporation  into  the  constitution  of  the  folio  w- 

nr 

ARTICLE  — : 

SECTION  1.  The  executive  power  of  the  state  shall  be  vested  in  a 
governor. 

SEC.  2.  The  governor  shall  be  chosen  by  the  electors  of  the  members 
of  the  general  assembly,  at  the  same  places  and  the  same  manner  that  they 
shall  respectively  vote  for  members  thereof.  The  returns  for  every  elec- 
tion of  governor  shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment by  the  returning  officers,  directed  to  the  speaker  of  the  house  of 


G2  JOURNAL  OF  THE  CONVENTION.  [June  18, 

representatives,  who  shall  open  and  publish  them  in  the  presence  of  a 
majority  of  the  members  of  each  house  of  the  general  assembly.  The 
person  having  the  highest  number  of  votes  shall  be  governor;  but  if  two 
or  more  be  equal  and  highest  in  votes,  then  one  of  them  shall  be  chosen 
governor  by  joint  ballot  of  both  houses  of  the  general  assembly.  Con- 
tested elections  shall  be  determined  by  both  houses  of  the  general  assem- 
bly in  such  manner  as  shall  be  prescribed  by  law. 

SEC.  3.  The  governor  shnll  hold  his  office  for  the  term  of  four  years, 
and  until  another  shall  be  elected  and  qualified;  but  he  shall  not  be  eligi- 
ble for  more  than  four  years  in  any  term  of  eight  years. 

SEC.  4.  No  person  except  a  natural  born  citizen,  or  a  citizen  of  the 
United  States  at  the  time  of  the  adoption  of  this  constitution,  shall  be  eli- 
gible to  the  office  of  governor;  neither  shall  any  person  be  eligible  to  that 
office,  who  shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  ten  years  a  resident  within  this  state. 

SEC.  5.  The  governor  shall,  at  stated  times,  receive  for  his  services  the 
sum  of  twelve  hundred  and  fifty  dollars  per  annum,  which  shall  neither 
be  increased  nor  diminished  during  the  period  for  which  he  shall  have  been 
elected;  and  he  shall  not  receive  within  that  period  any  other  emolument 
from  the  United  States  or  any  of  them. 

SEC.  6.  Before  he  enters  upon  the  execution  of  the  duties  of  his  office, 
he  shall  take  the  following  oath  or  affirmation,  to  wit:  UI  do  solemnly 
swear,  (or  affirm,)  that  1  will  faithfully  execute  the  duties  appertaining 
to  the  office  of  governor  of  the  state  of  Illinois,  and  will,  to  the  best  of 
my  ability,  preserve,  protect,  and  defend  the  constitution  of  this  state,  and 
will  also  support  the  constitution  of  the  United  States." 

SEC.  7.  He  shall,  from  time  to  time,  give  the  general  assembly  infor- 
mation of  the  state  of  the  government  and  recommend  to  their  consider- 
ation such  measures  as  he  shall  deem  expedient. 

SEC.  8.  The  governor  shall  have  power  to  grant  reprieves,  commuta- 
tions, and  pardons  after  conviction,  for  all  offences,  except  treason  and 
cases  of  impeachment,  upon  such  conditions  and  limitations  as  he  may 
think  proper,  subject  to  such  regulations  as  may  be  provided  by  law  rela- 
tive to  the  manner  of  applying  for  pardons.  Upon  conviction  for  treason 
he  shall  have  power  to  suspend  the  execution  of  the  sentence  until  the 
case  shall  be  reported  to  the  general  assembly  at  its  next  meeting,  when 
the  general  assembly  shall  either  pardon  the  convict  or  commute  the  sen- 
tence, direct  the  execution  of  the  sentence  or  grant  a  further  reprieve. 
lie  shall  biennially  communicate  to  the  general  assembly  each  case  of 
reprieve,  commutation,  or  pardon  granted ;  stating  the  name  of  the  con- 
vict, the  crime  for  which  he  was  convicted,  the  sentence  and  its  date,  and 
the  date  of  commutation,  pardon  or  reprieve. 

SEC.  9.  He  may  require  information  in  writing  from  the  officers  in 
the  executive  department  upon  any  subject  relating  to  the  duties  of  their 
respective  offices,  and  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  10.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly  by  proclamation,  and  shall  stale  to  them,  when  assembled,  the 
purpose  for  which  they  shall  have  been  convened,  and  the  general  assem- 
bly shall  be  limited  in  their  action  to  such  matters  only  as  the  governor 
shnll  lay  before  them. 


June  18.]  JOURNAL  OF  THE  CONVENTION.  63 

SEC.  11.  He  shall  be  commander-in  chief  of  the  army  and  navy  of  this 
state,  and  of  the  militia,  except  when  they  shall  be  called  into  the  service 
of  the  United  States. 

SEC.  12.  In  case  of  the  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  the  governor  shall  have  power  to  ad- 
journ the  general  assembly  to  such  time  as  he  thinks  proper,  provided  it  be 
not  to  a  period  beyond  the  next  constitutional  meeting  of  the  same. 

SEC.  13.  A  lieutenant  governor  shall  be  chosen  at  every  election  of 
governor,  in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  In  voting  for  governor  and  lieutenant 
governor,  the  electors  shall  distinguish  whom  they  vote  for  as  governor 
and  whom  as  lieutenant  governor. 

SEC.  14.  The  lieutenant  governor  shall,  by  virtue  of  his  office,  be  speak- 
er of  the  senate,  have  a  right  when  in  committee  of  the  >vho)e  to  debate 
and  vote  on  all  subjects;  and  whenever  the  senate  are  equally  divided  to 
give  the  casting  vote. 

SEC.  15.  Whenever  the  government  shall  be  administered  by  the  lieu- 
tenant governor,  or  he  shall  be  unable  to  attend  as  speaker  of  the  senate, 
the  senators  shall  elect  one  of  their  own  member?,  as  speaker  for  that  oc- 
casion ;  and  if,  during  the  vacancy  of  the  office  of  governor,  the  lieuten- 
ant governor  shall  be  impeached,  removed  from  office,  re/use  to  qualify, 
or  resign  or  die,  or  be  absent  from  the  state,  the  speaker  of  the  senate  shall 
in  like  manner  administer  the  government. 

SEC.  16.  The  lieutenant  governor,  while  he  acts  as  speaker  of  the  sen- 
ale,  shall  receive  for  his  services  the  same  compensation  which  shall,  for 
the  same  period,  be  allowed  to  the  speaker  of  the  house  of  representa- 
tives, and  no  more. 

SEC.  17.  If  the  lieutenant  governor  shall  be  called  upon  to  adminsler 
the  government,  and  shall,  while  in  such  administration,  resign,  die,  or  be 
absent  from  the  statejiuring  the  recess  of  the  general  assembly,  it  shall  be 
the  duty  of  the  secretary  of  state,  for  the  time  being,  to  convene  the  sen- 
ate, for  the  purpose  of  choosing  a  speaker. 

SEC.  18.  In  case  of  impeachment  of  the  governor,  his  absence  from 
the  state,  or  inability  to  discharge  the  duties  of  his  office,  the  powers, 
duties  and  emoluments  of  the  office  shall  devolve  upon  the  lieutenant  gov- 
ernor; and  in  rase  of  his  death,  resignation  or  removal,  then  upon  the 
speaker  of  the  senate  for  the  time  being,  until  the  governor,  absent  or 
impeached,  shall  return  or  be  acquitted,  or  until  tlie  disqualifi<  ation  or 
inability  shall  cease,  or  until  a  new  governor  shall  be  elected  and  quali- 
fied. 

SEC.  19,  In  case  of  a  vacancy  in  the  office  of  governor,  from  any  oth- 
er cause  than  those  herein  enumerated,  or  in  case  of  the  death  of  the 
governor  elect,  before  he  is  qualified  into  office,  the  powers,  duties,  and 
emoluments  of  the  office  shall  devolve  upon  the  lieutenant  governor  or 
speaker  of  the  senate,  as  above  provided  for,  until  a  new  governor  be 
elected  and  qualified. 

SEC.  !20.  Every  bill  which  shall  have  passed  the  senate  and  house  of 
representatives  shall,  before  it  becomes  a  law,  be  presented  to  the  gover- 
nor; if  he  approve,  he  shall  si^n  it;  but  if  not,  he  shall  return  it  with  his 
objections  to  that  house  in  which  it  shall  have  originated,  who  shall  enter 


64  JOURNAL  OF  THE  CONVENTION.  [June  18. 

the  objections  at  large  on  their  journal  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two-thirds  of  the  members  present  shall  agree 
to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  the  members  present,  it  shall  become  a  law,  notwithstanding 
the  objections  of  the  governor.  But  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  mem- 
bers voting  for  or  against  the  bill  shall  be  entered  on  the  journal  of  each 
house,  respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  ten  days  (Sundays  excepted  )  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  legislature  shall,  by  their  adjournment,  prevent  its  return,  in  which 
case,  the  said  bill  shall  be  returned  on  the  first  day  of  the  meeting  of  the 
general  assembly  after  the  expiration  of  said  ten  days,  or  be  a  law. 

SEC.  21.  The  governor  shall  nominate,  and  by  and  with  the  advice  of 
the  senate,  appoint  a  secretary  of  state,  who  shall  keep  a  fair  register  of 
the  official  acts  of  the  governor,  and  when  required  shall  lay  the  same  and 
all  minutes  and  vouchers  relative  thereto,  before  either  branch  of  the  gen- 
eral assembly,  and  shall  perform  such  other  duties  as  shall  be  assigned  him 
by  law. 

SEC.  22.  All  grants  and  commissions  shall  be  sealed  with  the  great 
seal,  signed  by  the  governor,  or  person  administering  the  government,  and 
countersigned  by  the  secretary  of  state. 

SEC.  23.  The  governor  and  all  other  civil  officers  under  this  state  shall 
be  liable  to  impeachment  for  misdemeanor  in  office  during  their  continu- 
ance in  office  and  for  two  years  thereafter. 

Which  article, 

On  motion  of  Mr.  Caldwell, 

Was  laid  on  the  table,  and  200  copies  thereof  ordered  to  be  printed  for 
the  use  of  the  convention. 

The  question  was  then  put  upon  discharging  said  committee  from  the 
further  consideration  of  the  propositions  named,  and  decided  in  the  affir- 
mative; and  said  propositions, 

On  motion  of  Mr.  Davis  of  McLean, 

Were  referred  to  the  committee  on  the  Organization  of  Departments 
and  the  offices  connected  with  the  Executive  Departments,  except  the  10th 
proposition;  which, 

On  motion  of  Mr.  Caldwell, 

Was  referred  to  the  committee  on  the  Judiciary  Department. 

Mr.  Jenkins,  from  the  committee  on  the  Division  of  the  State  into  Coun- 
ties, &c.,  to  which  was  yesterday  referred  the  resolution  offered  by  Mr. 
Brockman,  proposing  that  counties  hereafter  formed  by  the  legislature 
contain  an  area  of  not  less  than  400  square  miles,  made  report,  asking  that 
the  committee  be  discharged  from  the  further  consideration  of  the  reso- 
lution. 

Mr.  Davis  of  McLean  moved  that  the  resolution  be  recommitted,  with 
instructions  to  that  committee  as  follows: 

"To  report  a  provision  to  be  inserted  in  the  constitution,  providing  that 
no  new  county  shall  be  established  by  the  general  assembly  which  shall 
reduce  the  county  or  counties,  or  either  of  them,  from  which  it  shall  be 


June  18.]          JOURNAL  OP  THE  CONVENTION.  65 

taken  to  less  contents  than  four  hundred  square  miles;  nor  shall  any  coun- 
ty be  laid  off  of  less  contents,  or  any  line  of  which  shall  pass  within  less 
than  ten  miles  of  any  county  seat  already  established." 

Mr.  Logan  moved  to  amend  the  instructions  by  adding  thereto  the  fol- 
lowing: 

u  And  that  no  county  shall  be  divided  or  have  any  part  thereof  stricken 
off  without  submitting  the  question  to  a  vote  of  the  people  of  the  county, 
nor  unless  a  majority  of  all  the  legal  voters  of  the  county  shall  vote  £>r 
the  same." 

Mr.  Geddcs  offered  the  following  as  an  amendment  to  be  added  to  the 
amendment: 

"Resolved,  That  the  committee  on  the  Division  of  the  State  into  Coun- 
ties be  and  are  hereby  instructed  to  inquire  into  the  expediency  of  so 
amending  the  constitution,  as  that  the  legislature  shall  not  have  power  to 
remove  the  county  seat  of  any  county  from  any  position  nearly  central  to 
a  position  more  remote  from  the  centre." 
On  motion, 

The  convention  adjourned  to  3  o'clock,  P.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  assembled  pursuant  to  adjournment. 

The  question  pending  at  the  adjournment  this  morning  was  on  the 
amendment  proposed  by  Mr.  Geddes  to  the  amendment  proposed  by  Mr. 
Logan  to  certain  instructions;  when, 

Mr.  Geddes  withdrew  his  proposed  amendment. 

Mr.  Caldwell  offered  the  following,  to  be  added  to  the  amendment  of- 
fered by  Mr.  Logan: 

"Provided,  That^the  foregoing  restrictions  shall  not  affect  the  creation  of 
any  new  county  under  any  existing  law  of  this  state." 
On  motion  of  Mr.  Davis  of  Montgomery, 

The  proposed  provision  was  laid  on  the  table. 

Mr.  Kenner  offered  the  following,  as  an  amendment  to  be  added  to  the 
amendment: 

"  Any  portion  of  a  county  may  be  sfricken  off  and  added  to  a  county 
which  does  not  contain  an  area  of  four  hundred  square  miles,  upon  a  vote 
of  three-fourths  of  the  legal  voters  in  favor  of  the  same,  within  the  bounds 
of  the  district  proposed  to  he  stricken  off;  and  provided  it  does  not  con- 
flict wiih  the  foregoing  restrictions  of  coming  within  ten  miles  of  a  coun- 
ty seat  and  does  not  reduce  the  county  from  which  it  is  taken  to  less  than 
400  square  miles." 

Mr.  Markley  moved  to  lay  the  whole  subject  on  the  table; 

The  question  having  been  taken,  by  yeas  and  nays,  on  the  motion, 


It  was  decided  in  the  negative,  JKT 
5 


G6 


JOURNAL  OF  THE  CONVENTION.  [June  18. 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Mr.  Cloud 

Mr.  Lasater 

Allen 

Dale 

London 

Archer 

Dement 

McCallen 

Blair 

Dunsrnore 

Markley 

Bosbyshell 

Edwards  of  Madison 

Norton 

Biown 

Graham 

Pace 

Butler 

Harding 

Pratt 

Crain 

Hayes 

Powers 

Canady 

Heacoek 

Roman 

Caldwell 

Jenkins 

Smith  of  Gallatin 

Campbell  of  McDonough          Judd 
Carter                                          Knapp  of  Jersey 

Tutt 
Tuttle 

Z.  Casey 

Kreider 

Those  voting  in  the 

negative,  are, 

Mr.  Adams 

Mr.  Hawley 

Mr.  North  cott 

Anderson 

Hay 

Oliver 

Armstrong 

Henderson 

Palmer  of  Macoupin 

Atherton 

Hill 

Palmer  of  Marshall 

Blakely 
Ballingall 

Hoes 
Hogue 

Pinckney 
Rives 

Brock  man 

Holmes 

Robbins 

Bond 

Hunsaker 

Robinson 

Bunsen 

Hurlbut 

Rountree 

Campbell  of  Jo  Daviess 

Huston 

Scales 

F.  S.  Casey 

Jackson 

Stadden 

Choate 

Jam-es 

Swan 

Colby 

Jones 

Shields 

Cross  of  Winnebago 

Knapp  of  Scott 

Spencer 

Church 

Kenner 

Sherman 

Churchill 

Kinney  of  Bureau 

Servant 

Davis  of  Montgomery 

Kmney  of  St.  Clair 

Sibley 

Davis  of  McLean 

Kitchell 

Sim 

Davis  of  Massac 

Knox 

Simpson 

Dawson 

Lander 

Singleton 

Beitz 

Laughlin 

Shumway 

Dumrner 

Lemon 

Thomas 

Dunlap, 

Linley 

Thompson 

Dunn 

Lockwood 

Thornton 

Edwards  of  Sangamon 

Logman 

Trower 

Eccles 

Me  Cully 

Turn  bull 

Edmonson 

McClure 

Turner 

Evey 

McHatton 

Vance 

Fnck 

Manly 

Vernor 

Geddes 

Marshall  of  Coles 

We  ad 

Green  of  Clay 

Marshall  of  Mason 

Webber 

Green  of  Jo  Daviess 

Mason 

West 

Green  of  Tazewell 

Mi  pure 

Wil  iams 

Gregg 

Min<hall 

Whiteside 

Harlan 

M  •ffHtt 

Whitney 

Harper 

Moore 

Woodson 

Harvey 

Morris 

W  orcesler. 

Hatch 

Nichols 

On  motlr-n  of  Mr  Hogtie, 
The  amendment  to  the  nmondment  was  laid  on  the  table. 

On  motion  of  Mr.  Davis  of  t\lontgomcryt 
The  previous  question  was  ordorrd. 

The  question  was  accordingly  taken  on  agreeing  to  the  amendment  pro* 
posed  by  Mr.  Logan,  and  decided  in  the  affirmative. 


June  19.]  JOURNAL  OF  THE  CONVENTION.  67 

The  question  was  then  stated  to  be  on  the  motion  of  Mr.  Davis  of  Mc- 
Lean, to  re-commit  the  resolution  with  the  instructions  as  amended; 

Mr.  Vance  called  for  a  division  of  the  question,  so  that  the  vote  might 
be  taken  on  the  first  clause  of  the  instructions  as  amended; 

The  question  was  then  taken  on  re-committing  the  resolution  with  the 
first  branch  of  the  proposed  instructions,  down  to  the  words  "  square 
miles,"  and  decided  in  the  affirmative. 

Mr.  Canady  called  for  a  further  division  to  enable  the  convention-^ 
vote  separately  on  the  several  other  clauses  of  the  proposed  instructions. 

The  question  was  then  taken  on  re-cornmitting  with  the  second  branch 
of  the  instructions  to  the  word  **  contents,"  and  decided  in  the  affir- 
mative. 

The  question  was  then  taken  on  the  third  branch  of  the  instructions  to 
the  word  "  established,"  and  decided  in  the  affirmative. 

The  question  was  then  taken  on  the  remaining  brunch  of  the  instruc- 
tions, and  decided  in  the  affirmative. 

Mr.  Dement,  from  the  committee  on  the  Legislative  Department,  re- 
ported the  following  resolution,  and  recommended  its  adoption: 

Resolved,  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  report  a  provision  of  the  constitution,  fixing  the  number  of 
senators  in  the  general  assembly  at  twenty-five,  and  the  number  of  repre- 
sentatives at  seventy-five,  and  that  they  proceed  to  divide  the  state  into 
senatorial  and  representative  districts  with  reference  to  those  numbers, 
upon  the  basis  of  the  census  of  1845. 

Mr.  Worcester  moved  to  amend  the  resolution  by  striking  out  the  words 
"  twenty-five,"  and  inserting  in  lieu  thereof  the  word  "  twenty,"  and  by 
striking  out  the  words  "seventy-five,"  and  inserting  in  lieu  thereof  the 
word  <k  sixty." 

Mr.  Thomas  called  for  a  division  of  the  pending  question,  that  the  vote 
might  be  taken  first  on  striking  out. 
On  motion^ 

The  convention  adjourned  to  to-morrow  morning  at  nine  o'clock. 


SATURDAY,  JUNE  19,  1847. 

The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Bailey. 

The  journal  of  yesterday  was  read. 

The  question,  pending  at  the  adjournment  yesterday,  was  on  striking 
out  the  words  "  twenty  five"  and  "seventy  five,"  in  the  resolution  report- 
ed by  Mr.  Dement  from  the  committee  on  the  Legislative  Department, 

Mr.  Worcester  withdrew  his  motion,  made  on  yesferday,  to  ptnke  out 
of  the  resolution  the  words  "twenty-five"'  and  "seventy-five,"  and  to  in- 
sert in  lieu  thereof  the  words  "twenty"  and  <•  sixty." 

Mr.  Scates  moved  to  amend  the  resolution   by  striking  out  the  words 
"seventy-five"  and  "twenty-five." 
On  motion, 

The  convention  adjourned  until  three  o'clock,  P.  M. 


68  JOURNAL  OF  THE  CONVENTION.  [June  21. 


THREE    O  CLOCK,  P.    M. 

The  convention  assembled  pursuant  to  adjournment. 

The  question,  pending  at  the  adjournment,  was  on  the  motion  of  Mr. 
Sca'es,  to  strike  out  the  words  "twenty  five"  and  ''seventy-five"  from 
the  resolution  reported  on  yesterday  by  Mr.  Dement. 

Mr.  Scates  modified  his  motion,  so  as  to  make  it  one,  also,  to  insert 
"  forty"  in  lieu  of '-seventy  five,"  and  "  twenty"  in  lieu  of  "  twenty-five." 

Mr.  C.ildwell  called  ior  a  division  of  the  pending  question,  that  the 
vote  might  betaken  first  on  striking  out  '4  seventy-five,"  and  next  on 
striking  out  "  twenty-five." 

The  question  was  then  taken  on  striking  out  the  word  "  seventy-five," 
awd  decided  in  the  negative. 

The  question  was  then  taken  on  striking  out  the  word  "  twenty-five," 
and  decided  in  the  negative. 

Mr  Deitz  moved  to  amend  the  resolution  by  striking  out  the  word 
"  they,"  and  inserting  in  lieu  thereof  the  word?,  " a  committee  of  one 
from  each  senatorial  district  be  appointed,  who  shall." 

Mr.  Sherman  moved  to  amend  the  amendment  by  st; iking  out  the 
words,  "one  from  each  senatorial  district,"  and  insert  in  lieu  theieof  the 
words,  "  three  from  each  judicial  circuit." 

Mr.  Kitchell  moved  to  lay  the  amendments  on  th'e  table. 
On  motion, 

The  convention  adjourned  until  Monday  morning,  at  nine  o'clock. 


MONDAY,  JUNE  21,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Bergen. 

The  journal  of  Saturday  was  read. 

The  question,  pending  at  the  last  adjournment  on  Saturday,  was  on  the 
motion  of  Mr.  Kitchel!,  to  lay  the  amendments,  proposed  by  Mr.  Deitz 
tind  Mr.  Sherman,  to  the  resolution  reported  by  Mr.  Dement  from  the 
committee  on  the  Legislative  Department,  on  the  table. 

Mr.  Kitchell  withdrew  that  motion. 
On  motion  of  Mr.  Rob  bins. 

The  order  of  business  was  suspended  to  enable  him  to  introduce  a  reso- 
lution; when  he  offered  the  following: 

Resolved,  That  the  convention  now  proceed  to  elect  an  additional  sec- 
retary, whose  duty  it  shall  be  to  copy  the  journal  of  its  proceedings. 

The  question  having  been  taken,  the  resolution  was  rejected. 

Mr.  Dement  moved  to  reconsider  the  vote  just  taken,  to  enable  him  to 
offer  an  amendment  to  the  resolution. 

The  question  having  been  taken,  it  was  decided  in  the  negative. 
On  motion  of  Mr.  Minshall, 

The  order  of  business  was  suspended  to  enable  him  to  offer  a  resolu- 
tion; when  he  offered  the  following: 


June  21.]  JOURNAL  OF  THE  CONVENTION.  69 

Resolved,  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  amending  the  present  con*tilu- 
tion  by  striking  out  the  31st  section  of  the  %2d  article,  which  provides  for 
the  enumeration  of  all  the  white  inhabitants  in  every  fifth  year,  and  sub- 
stituting therefor,  in  the  revised  constitution,  a  provision  for  the  adoption 
of  the  census  taken  in  this  state  every  ten  years  by 'the  government  of 
the  United  States. 

On  motion  of  Mr.  Minshall, 

The  resolution  was  laid  on  the  table. 
On  motion  of  Mr.  Scales, 

The  order  of  business  was  suspended  to  enable  him  to  offer  a  resolution; 
when  he  reported,  from  the  committee  on  the  Judiciary  Department,  the 
following: 

Resolved^  That  the  clerks  of  the  respective  circuit  courts  in  this  state 
be  requested  to  communicate  to  this  convention  the  number  of  causes 
upon  the  common  law  docket  for  each  teim  since  the  year  1840,  or  since 
the  court  was  erected;  the  number  of  appeals  from  magistrates  since 
that  time;  the  number  of  original  causes;  the  number  of  cases  di-jjosed 
of  on  said  docket  in  each  term;  the  number  of  cases  undisposed  of  at 
the  last  term  of  the  court;  the  number  of  causes  on  the  chancery  side  of 
said  courts  at  each  term  since  1810;  the  number  of  final  decrees  made 
at  each  term;  and  the  number  of  such  causes  now  outstanding,  with  the 
number  of  terms  that  each  of  said  causes  has  been  upon  the  docket. 
On  motion  of  Mr.  Dement, 

The  resolution  was  hid  on  the  table. 

The  question  recurred  upon  the  amendment  proposed  by  Mr.  Sherman 
to  the  amendment  offered  by  Mr.  Deitz  to  the  resolution  reported  by 
Mr.  Dement  from  the  committee  on  the  Legislative  Department;  when, 

Mr.  Deitz  withdrew  the  amendment  proposed  by  him. 

Mr.  Sherman  moved  to  amend  the  resolution  by  striking  out  the  word 
<4  they,''  and  inserting  in  lieu  thereof  the  following: 

"  A  committee  of  three  from  each  judicial  circuit  of  this  state  be  ap- 
pointed; which  committee  shall." 

Mr.  Singleton  offered  the  following  amendment  to  the  amendment 
offered  by  Mr.  Sherman,  as  a  substitute  therefor: 

"  That  a  committee,  consisting  of  two  delegates  from  each  of  the  ju- 
dicial circuits  of  this  state,  be  appointed  by  the  president,  with  instruc- 
tions to  divide  the  territory  of  this  state  into  twenty  five  senatorial  dis- 
tricts, equal  in  territory,  without  reference  to  the  population;  which 
division,  when  reported  arid  adopted,  shall  be  permanent  and  unalterable 
by  the  legislature.*" 

On  motion  of  Mr.  Thomas, 

The  amendment  to  the  amendment  was  laid  on  the  table. 

Mr.  Harding  offered  the  following,  to  be  added  to  the  amendment  pro. 
posed  by  Mr.  Sherman: 

"Provided,  That  in  the  present  and  in  all  future  apportionments,  in 
counties  having  an  excess  of  less  than  on—third  of  the  ratio,  the  excess 
shall  be  disregarded,  and  counties  having  two-thirds  of  the  ratio  shall 
have  3,  member." 

On  motion  of  Mr.  Witt, 

The  proposed  proviso  was  laid  on  the  table. 


70  JOURNAL  OF  THE  CONVENTION.  [June  21. 

Mr.  Harding  offered  the  following  proviso,  to  be  added  to  the  amend- 
ment: 

44  Provided,  That  no  county  shall   have   more  than  one  representative 
and  one  senator  in  the  legislature." 
On  motion  of  Mr.  Singleton, 

The  proposed  proviso  was  laid  on  the  table. 

Mr.  Harding  then  offered  the  following  proviso  to  the  amendment; 

"Provided,  That  in  the  apportionment  of  members,  the  excess  of  popu- 
lation over  the  ratio  of  representation  in  any  county  shall  not  entitle  the 
whole  of  the  voters  of  said  county  to  vote  for  an  additional  member,  or 
members,  with  counties  having  less  numbers  than  the  ratio." 

Mr.  Edwards  of  Madison  moved  to  lay  the  amendments  on  the   table. 

Mr.  Harvey  called  for  a  division. 

The  question  was  then  taken  on  laying  the  proviso  offered  by  Mr.  Har- 
ding on  the  table,  and  decided  in  the  negative. 

The  question  was  then  taken  on  laying  the  amendment  proposed  by 
Mr.  Sherman  on  the  table,  and  decided  in  the  negative. 

Mr.  Hayes  proposed  to  offer  the  following  as  a  substitute  for  the  pro- 
viso, which  was  accepted  by  Mr.  Harding,  as  a  modification: 

"Provided,  That  when  more  than  one  county  is  thrown  into  one  rep- 
resentative district,  the  entire  number  of  representatives  to  which  the 
counties  placed  in  one  district  may  be  entitled  shall  be  elected  by  the 
entire  district." 

Mr.  Harvey  moved  that  the  further  consideration  of  the  amendment  to 
the  amendment  be  indefinitely  postponed. 
On  motion, 

The  convention  adjourned  until  three  o'clock,  p.  M. 

THREE  O'CLOCK,  p.  M. 

The  convention  met  pursuant  to  adjournment. 

The  question,  pending  at  the  adjournment,  was  on  the  motion,  made 
by  Mr.  Harvey,  to  postpone  indefinitely  the  amendment  proposed  by 
Harding  to  the  amendment  proposed  by  Mr.  Sherman  to  the  resolution 
reported  by  Mr.  Dement  from  the  committee  on  the  Legislative  Depart- 
ment. 

Mr.  Logan  moved  to  lay  the  last  clause  of  the  resolution  and  the  pend- 
ing amendments  on  the  table. 

The  question  having  been  taken,  it  was  decided  in  the  negative. 

Mr.  Harvey  withdrew  his  motion  to  postpone  indefinitely  the  further 
consideration  of  the  amendment  proposed  by  Mr.  Harding  to  the  amend- 
ment. 

Mr.  Harding  withdrew  his  amendment  to  the  amendment. 

The  question  was  then  taken  upon  agreeing  to  the  amendment,  pro- 
posed by  Mr.  Sherman  to  the  resolution,  and  decided  in  the  affirmative. 

Mr.  Harding  offered  the  following  proviso,  as  a  further  amendment  to 
the  resolution;  which  was  adopted: 

"Provided,  That  where  more  than  one  county  is  thrown  into  a  repre- 
sentative district,  the  number  of  representatives  to  which  the  counties 
placed  in  one  district  may  be  entitled  shall  be  elected  by  the  entire  dis- 
trict." 


June  21.]  JOURNAL  OF  THE,  CONVENTION.  71 

The  question  was  then  taken  on  the  adoption  of  the  resolution,  as 
amended,  and  decided  in  the  affirmative. 

Ordered,  That  Messrs.  Gregg,  Whiteside,  Whitney,  Archer,  Davis  of 
Massac,  Armstrong,  Sim,  Hogue,  Davis  of  McLean,  Kitchell,  Knapp  of 
Jersey,  Palmer  of  Macoupin,  Dummer,  Edmorison,  West,  Farwell,  Pratt, 
McClure,  Shumway,  Vance,  Harvey,  Pinckney,  Harlan,  Hunsaker,  Jack- 
son, Mir.shall,  and  Hill,  be  the  committee  contemplated  in  the  amended 
resolution. 

Mr.  Servant  presented  the  petition  of  Bryce  Crawford  and  one  hun-~ 
dred  and  fifty  five  others,  citizens  of  the  county  of  Randolph,  praying  for 
an  extension  of  the  principles  of  the  declaration  of  independence,  and  to 
grant  security  and  protection  irrespective  of  color;  which  was  read,  and, 
on  his  motion,  referred  to  the  committee  on  Elections  and  the  Right  of 
Suffrage. 

The  president  laid  before  the  convention  a  communication  from  the 
auditor  of  public  accounts;  which  was  re. id,  as  follows: 

AUDITOR'S  OFFICE,  ILLINOIS,  June  19,  1847. 
To  the  honorable  the  PRESIDENT  of  the  Convention; 

In  reply  to  the  resolution  of  the  convention  of  the  16th  instant,  to  wit: 

"Resolved,  That  the  auditor  of  public  accounts  be  requested  to  report 
to  this  convention — 

"  1.  The  amount  paid  to  the  members  of  the  last  general  assembly  on 
account  of  their  compensation  per  diem. 

"2.  The  amount  paid  to  members  for  their  mileage. 

"  3.  The  amount  paid  to  the  officers  and  others  employed  by  the  said 
general  assembly. 

u  4.  The  amount  paid  *br  all  printing  done  by  order  of  the  said  gene- 
ral assembly,  except  the  printing  of  laws  and  journals. 

"  5.  The  amount  paid  for  printing  the  laws  and  journals  of  the  said 
general  assembly. 

"  6.  The  amourTt  paid  for  binding  the  said  laws  and  journals. 

u  7.  The  amount  paid  for  stationery,  fuel,  and  all  other  expenses  not 
herein  specified,  as  far  as  the  same  can  be  ascertained:" 

I  have  the  honor  to  report,  that  the  amount  paid  to  the  members  of  the 
last  general  assembly  for  13,423  days,  at  $4  per  day,  was  $53,692  00 
Amount  paid  for  42,952  miles,  at  20  cents  per  mile  8,590  40 

Amount  paid  to  officers  and  others  -  7,282  00 

Amount  paid  for  printing  current  work     -  $1,966  66 

Amount  paid  for  printing  reports  -  1,272  77 

Amount  paid  for  printing  journals  1,251  25 

Amount  paid  for  printing  laws       -  -  1,217  99 

5,708  67 

Amount  of  paper  used  for  priming  •-  .  L522  33 

Amount  paid  for  binding  laws  and  journals  -  1,359  23 

Amount  paid  for  stationery  -  -  1,559  71 

Amount  paid  for  fuel  ...  Q^Q  03 

Amount  paid  for  repairing  halls,  and  assistant  porter         -  281  00 

I  have  the  honor  to  be,  with  great  respect, 

Your  obe'dient  servant, 

THO.  H.  CAMPBELL, 

Auditor  of  Public  Accounts. 


72  JOURNAL  OF  THE  CONVENTION.  [June  2*2. 

On  motion  of  Mr.  Logan, 

The  communication  was  laid  on  the  table,  and  one  thousand  copies 
ordered  to  be  printed. 

On  motion  of  Mr.  Henderson, 

The  order  of  business  was  suspended  to  enable  him  to  offer  a  resolu- 
tion, when  he  offered  the  following: 

Resolved,  That  the  secretary  of  state  be  requested  to  report  to  this  con- 
vention the  returns  of  the  census  of  1845,  in  the  same  lorm  it  was  com- 
municated to  the  general  assembly  at  Us  last  session;  and  that,  when  so 
reported,  two  hundred  copies  be  printed  for  the  use  of  the  convention. 

On  motion  of  Mr.  Turnhull, 
The  resolution  was  laid  on  the  table. 

On  motion, 
The  convention  adjourned  until  to-morrow  morning,  at  nine  orclock. 

TUESDAY,  JUNE  22,  1847. 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Bailey. 

The  journal  of  yesterday  was  read. 

Mr.  Archer,  from  the  committee  on  the  Organization  of  Departments 
and  offices  connected  with  the  Executive  Department,  which  was  in- 
structed by  resolution  "to  inquire  into  the  propriety  of  electing  the  gov- 
ernor for  the  term  of  three  years,  the  members  of  the  general  assembly  to 
be  elected  at  the  same  time  the  governor  is  elected,  and  to  commence 
their  session  tit  the  same  time  the  governor  is  installed  into  office,  and  to 
serve  only  one  session  of  sixty  days  within  the  term  for  which  the  gov- 
ernor was  elected,  and  each  member  receive  two  dollars  per  day  for  their 
service?,  and  two  dollars  for  every  twenty  miles  going  and  corning  to  and 
from  the  seat  of  government,  and  no  more/'  icported  the  same  back,  and 
asked  to  be  discharged  from  the  further  consideration  thereof. 

The  question  was  then  taken  on  discharging  the  committee,  and  decided 
in  the  affirmative. 

On  motion  of  Mr.  Palmer  of  Macoupin, 

A  resolution  offered  by  him  some  days  since,  proposing  "that  the  judi- 
dial  system  of  this  state  be  composed  of  a  supreme  court,"  &c.,  was  taken 
from  the  table,  and  moditied  by  him  so  as  to  instruct  the  committee  on 
the  Judiciary  Department  to  inquire  into  the  expediency  of  the  proposi- 
tions and  matters  contained  in  said  resolution. 

The  question  was  then  taken  on  the  adoption  of  said  resolution,  as  mod- 
ified, and  decided  in  the  affirmative. 

Mr.  Scutes  moved  that  the  resolution  reported  by  him  on  yesterday 
from  the  committee  on  the  Judiciary  Department,  proposing  inquiries  to 
the  clerks  of  the  several  circuit  courts  in  this  state,  be  taken  from  the 
table. 

The  question  having  been  taken,  it  was  decided  in  the  negative. 
On  motion  of  Mr.  Hayes, 

The  order  of  business  was  suspended  to  enable  him  to  introduce  a  reso- 
lution, when  he  offered  the  following: 


June  22  ]          JOURNAL  OF  THE  CONVENTION.  73 

Resolved,  That  so  much  of  the  constitution  as  relates  to  a  system  of  ju- 
risprudence and  the  relative  powers  of  courts  of  chancery  and  common 
law  be  referred  to  Ihe  committee  on  Law  Reform;  and  the  committee  on 
Law  Reform  is  instructed  to  examine  the  following  proposition,  and  re- 
port on  the  expediency  of  its  adoption  by  this  convention  as  one  of  the 
amendments  to  the  constitution.  It  shall  be  the  duty  of  the  general  assem- 
bly to  provide  for  a  codification  of  the  laws,  and  after  the  year  18  , 
neither  the  common  law  nor  any  English  statute  shall  be  in  force  in  this 
state,  or  regarded  by  the  courts,  except  to  aid  in  the  exposition  and  con- 
struction of  the  laws  of  this  state. 

The  question  having  been  taken,  the  resolution  was  adopted. 

Mr.  Kenner  moved  that  an  amendment,  offered  by  him  some  days  since, 
to  a  resolution  proposing  that  "any  portion  of  a  county  may  be  stricken 
off  and  added  to  a  county  which  does  not  contain  an  area  of  four  hundred 
square  miles,"  &c. ,  be  taken  from  the  table. 

The  question  having  been  taken,  it  was  decided  in  the  negative. 
On  motion  of  Mr.  West, 

The  order  of  business  was  suspended  to  enable  him  to  offer  a  resolution, 
when  he  offered  the  following: 

Resolved,  That  the  journal  of  the  convention  be  copied  in  a  well-bound 
book  or  hooks,  and  that  the  copy  be  compared  by  the  president  and  sec- 
retary, and  all  errors,  if  any,  corrected  once  in  every  week ;  and  that  up- 
on the  adjournment  of  the  convention,  the  president  and  secretary  shall 
make  a  certificate  at  the  end  of  the  journal,  to  the  effect  that  said  book 
or  books  contain  a  full  and  correct  journal  of  the  proceedings  of  the  con- 
vention. 

It  is  further  ordered  that  the  secretary  employ  an  assistant  at  not  ex- 
ceeding three  dollars  per  day,  to  copy  the  journal  as  provided  for  in  the 
foregoing  resolution,  and  it  is  further  ordered,  that  the  original  journal, 
after  being  copied,  compared  and  corrected,  shall  be  furnished  the  public 
printer,  to  be  used  in  printing  the  journals. 

Mr.  Logan  offered  the  following  as  an  amendment  to  be  added  to  the 
resolution: 

Resolved,  That  the  secretary  of  state  be  directed  to  furnish  the  secre- 
tary of  this  convention  with  the  necessary  books,  in  which  to  copy  the 
journals  of  the  convention. 

Resolved^  That  the  secretary  of  state  be  directed  to  contract  for  bind- 
ing the  journals  of  this  convention,  and  that  he  let  the  same  to  the  lowest 
responsible  bidder,  who  is  a  practical  binder,  and  a  resident  of  this  state, 
having  given  thirty  days'  notice  of  the  letting  of  said  binding. 
On  motion  of  Mr.  West, 

The  previous  question  was  ordered. 

The  question  was  then  taken  on  agreeing  to  the  amendment,  and  de- 
cided in  the  affirmative. 

The  question  was  then  taken  on  the  adoption  of  the  resolution,  as  amen- 
led,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Gregg, 

The  report  made  by  Mr.  Lock  wood,  from  the  committee  on  the  Execu- 
tive Department,  on  Friday  last,  was  taken  up  and  referred  to  a  commit- 


74  JOURNAL  OF  THE  CONVENTION.  [June  22. 

tee  of  the  whole  convention  and  made  the  order  of  the  day  for  Tuesday 
next. 

On  motion  of  Mr.  Pratt, 

Leave  of  absence  was  granted  to  Mr.  Markley  for  ten  days. 
On  motion  of  Mr.  Edwards  of  Sangamon, 

The  order  of  business  was  suspended  to  enable  him  to  offer  a  resolu- 
tion; when  he  offered  the  following: 

Resohed,  That  the  committee  on  the  Legislative  Department  be  in- 
structed to  inquire  into  the  expediency  of  making  the  following  amend- 
ments: 

1.  That  the  census  shall  hereafter  not  be  taken  under  a   law  of  the 
state,  but  the  apportionment  of  members  of  the  house  and  senate  shall  be 
based  on  the  census  of  the  United  States  once  in  ten  years,  and  as  soon 
as  the  returns  can  be  laid  before  the  legislature. 

2.  That  no  member  shall  be  eligible   to  any  office,  either  under  the 
state  or  general  government,  until   after  the   expiration   of  the  term  for 
which  he  was  elected,  nor  shall  any  member  receive  any  compensation  for 
the  time  he  may  be  absent  except  in  case  of  sickness. 

3.  That  the  legislature  shall  provide  for   the  assessment  of  property 
once  in  years,  making  provision  for  the  collection  of  the  additional 
amount  liable  to  taxation  in  the  subsequent  years. 

4.  That  no  claims  against  the  state  shall  be  allowed  until  proven  and 
established  before  some  tribunal  and   afterwards  approved  by  the  legisla- 
ture. 

5.  That  the  legislature  shall  pass  no  law  authorizing  any  proceeding  in 
any  court  affecting  the  property  or  the  right  of  any  individual  other  than 
is  allowed  under  the  general  law  of  the  land. 

0.     That  no  retrospective  act  shall  be  passed. 

7.  That  one  legislature  shall  pass  appropriations  for  the  ordinary  and 
contingent  expenses  of  the  next,  which  shall  not  be  increased,  except  by 
a  vote  of  two-thirds  of  each  house. 

8.  That  the  legislature  shall  provide  by  law  for  letting  out  by  contract 
to  the  lowest  responsible  bidder,  the  furnishing  the  fuel,  stationery,  print- 
ing, copying,  and  distributing  the  laws  and  journals,   and  all  other  work 
and  services  that  can  be  as.  well  done  by  contract,  nor  shall  any  member 
or  other  officer  be  interested,  either  directly  or  indirectly,  in  any  contract. 

9.  That  neither  house  be  allowed  to  choose  more  than  a  certain  num- 
ber of  officers,  to  be  fixed  in  the  constitution. 

10.  That  no  law  shall  be  passed  except  by  a  majority  of  all  the  mem- 
bers of  each  house,  and  on  the  final  passage  of  every  bill  the  yeas  and  nayg 
shall  be  entered  on  the  journal. 

11.  That  no  special  acts  for  the  incorporation  of  cities,  towns,  or  com- 
panies shall  be  passed,  nor  shall  any  private  acts  be  passed  when  the  ob- 
ject of  the  law  can  be  as  well  attained  by  the  passage  of  a  general  law, 
nor  shall  the  private  acts  be  printed  at  the  expense  of  the  state. 

1*2.  There  shall  be  a  general  law  authorizing  the  location  of  state 
roads. 

13.  The  legislature  shall  not  exempt  any  persons  from  the  payment  of 
any  portion  of  the  taxes  due  by  them  to  the  state,  nor  shall  any  public 


June  22.]  JOURNAL  OF  THE  CONVENTION.  75 

officer,  or  his  sureties,  be  released  from  the  full  amount  of  their  liability  t.o 
the  state  or  county. 

Mr.  Witt  moved  to  strike  out  the  first  proposition. 
On  motion  of  Mr.  Davis  of  Montgomery, 

The  motion  was  laid  on  the  table. 

The  question  having  been  taken  upon  adopting  the  resolution,  it  was 
decided  in  the  affirmative. 

Mr.  Churchill  moved  to  suspend  the  order  of  business  to  enable  hinr-te— • 
introduce  a  resolution. 

The  question  having  been  taken,  it  was  decided  in  the  negative. 

The  presentation  of  resolutions  being  in  order, 

The  question  pending  was  on  agreeing  to  an  amendment  offered  by 
Mr.  McCallen  to  a  resolution  offered  by  Mr.  Churchill  on  Thursday  last. 

Mr.  Gregg  offered  the  following  amendments  to  the  amendment,  as  a 
substitute  therefor: 

"  Resolved^  That  the  committee  on  Incorporations  be  instructed  to  in- 
quire into  the  expediency  of  so  limiting  the  power  of  the  general  assem- 
bly, as  to  prohibit  the  establishment  of  corporations  or  associations,  with 
banking  privileges,  except  upon  the  basis  of  the  following  provisions: 

" 1.  The  general  assembly  shall  have  ho  power  to  pass  any  act  grant- 
ing any  special  charter  for  banking  purposes;  but  corporations,  or  associ- 
ations, free  to  all  the  inhabitants  of  this  state,  may  be  formed  for  such 
purposes,  under  general  laws. 

44  2.  The  general  assembly  shall  have  no  power  to  pass  any  law-,  sanc- 
tioning in  any  manner,  directly  or  indirectly,  the  suspension  of  specie  pay- 
ment?, by  any  person,  association,  or  corporation,  issuing  bank  notes  of 
any  description. 

"3.  The  general  assembly  shall  provide  bv  law  for  the  registry  of  all 
bills,  or  notes  issued,  or  put  in  circulation  as  money,  and  shall  require  am- 
ple security,  by  the  pledge  of  public  stocks,  or  otherwise,  for  the  redemp- 
tion of  the  same  in  specie. 

"  4.  The  stockholders  in  every  corporation  and  joint  stock  association, 
for  banking  purposes,  issuing  bank  notes,  or  any  kind  of  paper  credits  to 
circulate  as  money,  shall  be  individually  responsible  lor  all  its  debts  ;md 
liabilities,  and  to  make  provision  for  the  payment  of  such  debts  and  liabil- 
ities, they  shall  be  required  to  furnish  unexceptionable  security  of  twice 
the  amount  of  their  respective  shares  in  any  such  corporation  or  associa- 
tion. 

"5.  In  case  of  the  insolvency  of  any  hanking  association,  the  bill 
holders  thereof  shall  be  entitled  to  preference  of  payment  over  all  other 
creditors  of  such  association. 

"6.  The  embezzlement  of  the  funds  or  property  of  any  corporation, 
or  joint  stock  association  for  banking  purposes,  bv  any  officer  or  agent 
thereof,  shall  be  deemed  felony,  and  it  shall  be  the  duty  of  the  general 
assembly  to  provide  for  the  punishment  of  such  felony  by  imprisonment 
in  the  penitentiary. 

%t  7.  No  act  of  the  general  assembly,  authorizing  corporations  or  as- 
sociations with  banking  powers,  shall  go  into  effect  or  in  any  manner  be 
in  force,  unless  the  same  shall  be  directly  submiUed  to  the  people  at  the 


76  JOURNAL  OF  THE  CONVENTION.  [June  22. 

general  election   next  succeeding  the   passage   thereof,  and  shall  be  ap- 
proved by  a  majority  of  all  the  votes  cast  at  such  election. 

"8.     Any  general  law  of  this  state,  authorizing,  the  creation  of  corpo 
rations  or  associations  with  banking  powers,  may  be  repealed  by  the  gen- 
eral assambly." 

Mr»  Gre^or  moved  to  refer  the  resolution  and  amendments  to  the  com- 
mittee on  Incorporations. 

Mr.  Logan  moved  to  refer  the  whole  subject  to  a  committee  of  the  whole 
convention,  and  make  it  the  special  order  of  the  day  for  Friday  next. 

The  question  having  been  taken  on  Mr.  Logan's  motion,  it  was  decided 
in  the  affirmative. 

Mr.  Knox  offered  the  following: 

Resolved,  That  the  committee  on  Elections  &c.,  be  instructed  to  inquire 
into  the  propriety  of  so  amending  the  2?th  section  of  the  second  article 
of  the  constitution  as  to  limit  the  right  of  suffrage  to  all  white  male  citi- 
zens, *•  above  the  age  of  twenty-one  years,  having  resided  in  the  state  six 
months  next  preceding  the  election,'1  and  to  such  white  male  inhabit- 
ants (  of  the  age  aforesaid)  as  having  resided  in  the  state  six  months  next 
preceding  the  ratification  of  the  amendments  to  the  constitution,  shall 
have  declared  their  intention  to  become  citizens  of  the  United  States,  and 
shall  have  omitted  no  due  legal  steps  to  perfect  their  citizenship. 

Mr.  Whitney  moved  to  amend  the  resolution  by  striking  out  the  word 
"  while." 

The  question  was  then  taken  thereon,  by  yeas  and  nays, 


i~\T 
ja6**'  137 


Those  voting  in  the  affirmative,  are, 

Mr.  Cross  of  Winnebago  Mr.  Judd  Mr.  Sibley 

Church  Mason  Whitney. 

Deitz  Swan 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  F.  S.  Casey                         Mr.  Farwell 

Akin  Z.  Casey  Frick 

Allen  Choate  Graham 

Anderson  Colby  Geddes 

Archer  Cross  of  Woodford  Green  of  Clay 

Armstrong  Cloud  Green  of  Jo  Daviess 

Atherton  Churchill  Green  of  Tazewell 

Blair  Dale  Gregg 

Blakely  Davis  of  Montgomery  Grimshaw 

Ballingall  Davis  of  McLean  Harding 

Brockman  Davvson  Harlan 

Bond  Dement  Harper 

Bosbyshell  Duinmer  Harvey 

Brown  Dunn  Hatch 

Bunsen  Dunsrnore  Hay 

Butler  Edwards  of  Madison  Hayes 

Grain  Edwards  of  Sangamon  Heacock 

Canady  Eccles  Henderson 

Campbell  of  McDonough  Edrnonson  Hill 

Carter  Evey  Hoes 


June 


JOURNAL  OF  THE  CONVENTION. 


Mr.  Hogue 
Holmes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Jones 

Knapp  of  Jersey 
Knapp  of  Scott 
•  Kreider 
Rentier 

Kinney  of  Bureau 
Kinney  of  St.  Clair 
Kitchell 
Kr.ox 
Lander 
Lasater 
Laughlin 
Lemon 
Linley 
Logan 
Loudon 
McCallen 
Me  Cully 


Mr.  McClure 
McHatton 
Manly 

Marshall  of  Coles 
Marshall  of  Mason 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Nichols 
Norton 
Oliver 
Pace 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Pinckney 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Stadden 
Shields 


Mr.  Spencer 
Servant 
Sim' 
Simpson 
S'ngleton 
Smith  of  Gallatin 
Smith  of  Macon 
Sh  urn  way 
Thomas 
Thompson 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
luttle 
Vance 
Vernor 
Wead 
Webber 
West 
Witt 

Whiteside 
Woodson 
Worcester. 


The  question  having  been  taken  on  the  adoption  of  the  resolution,  it 
was  decided  in  the  affirmative. 

Mr.  Dawson  offered  the  following: 

'  Resolved,  That  the  committee  on  Education  be  instructed  to  in- 
quire into  the  expediency  of  adopting  a  constitutional  provision  for  in- 
creasing the  common  school  fund,  and  to  prevent  the  legislature  from  bor- 
rowing any  portion  of  the  school,  college  or  seminary  funds  in  future. 

Resolved,  That  the  same  committee  be  instructed  also  to  inquire  into 
the  expediency  of  providing  by  the  constitution  that  the  moneys  hereaf- 
ter received  from  the  schoo!,  college  and  seminary  funds  shall  be  invested 
in  the  bonds  of  this  Mate  at  their  market  value,  and  also  that  the  interest 
on  bonds  so  purchased  shall  be  punctually  paid. 
On  motion, 

The  convention  adjourned  to  9  o'clock,  to-morrow  morning. 


WEDNESDAY,  JUNE  23,   1847. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.- Mr.  Barger. 

The  journal  of  yesterday  was  read. 

In  pursuance  of  a  resolution  passed  on  yesterday,  the  secretary  appoint- 
ed James  T.  Ewing  assistant  secretary  to  copy  the  journals  of  this  con- 
vention. 

Mr.  Davis  of  McLean  presented  the  petition  of  Daniel  Proctor-,  and 
eighteen  others,  citizens  of  the  county  of  McLean,  praying  that  provis- 
ion may  be  made  in  the  new  constitution  for  a  state  superintendent  of 
public  instruction,  with  a  liberal  salary ;  which  was  read,  and,  on  his  mo- 
tion, referred  to  the  committee  on  Education. 


78  JOURNAL  OF  THE  CONVENTION.         \June  23. 

The  question  pending  at  the  adjournment  on  yesterday  was  on  adopt- 
ing resolutions  offered  by  Mr.  Dawson. 

Mr.  Hogue  called  for  a  division. 

Mr,  Eccles  called  for  a  division  on  the  first  clause  of  the  first  resolu- 
tion. 

The  question  was  then  taken  on  adopting  the  first  clause  of  the  first  reso- 
lution to  the  words  •«  common  school  fund,"  and  decided  in  the  affirma- 
tive. 

Mr.  Logan  offered  the  following  as  an  amendment  to  be  added  to  the 
last  clause  of  the  first  resolution: 

••To  defray  the  ordinary  expenses  of  the  state  government." 

IVlr.  Deitz  offered  the  following,  to  be  added  to  the  amendment: 

"And  that  hereafter  the  first  moneys  that  shall  come  into  the  treasury 
in  each  and  every  year  shall  be  set  apart  for  payment  to  the  proper  au- 
thorities, or  persons  entitled  by  law  to  their  respective  proportion  of  the 
interest  annually  accruing  upon  the  school,  college,  and  seminary  fund." 

Mr.  Thomas  moved  that  the  previous  question  be  now  taken; 

And  the  question  having  been  put  was  decided  in  the  negative. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  met  pursuant  to  adjournment. 

The  question  pending  at  the  adjournment  was  on  agreeing  to  the  amend- 
ment proposed  by  Mr.  Deitz  to  the  amendment  proposed  Mr.  Logan  to 
the  latter  clause  of  the  first  resolution  offered  by  Mr.  Dawson. 

The  question  having  been  taken  on  agreeing  to  the  amendment  to  the 
amendment,  it  was  decided  in  the  affirmative. 

The  question  was  then  taken  on  agreeing  to  the  amendment  as  amen- 
ded, and  decided  in  the  affirmative. 

The  question  was  then  taken  on  the  adoption  of  the  last  clause  of  the 
first  resolution  as  amended,  and  decided  in  the  affirmative. 

The  question  was  then,  taken  on  the  adoption  of  the  second  resolution, 
and  decided  in  the  affirmative. 

Mr.  Edwards  of  Madison,  from  the  committee  on  Education,  reported 
the  following  resolution,  and  recommended  its  adoption: 

Resolved,  That  the  committee  on  Education  be  instructed  to  consider 
and  report  as  to  the  propriety  of  a  constitutional  provision  for  the  secu- 
rity of  the  college,  seminary  and  common  school  funds  from  conversion  or 
destruction  by  the  legislature;  also  for  the  establishment  of  snch  a  systrm 
of  common  schools  as  will,  by  taxation  combined  with  state  funds,  afford 
the  means  of  education  to  every  child  in  the  sta;:e,  and  the  appointment 
of  a  ?ute  superintendent,  with  an  adequate  salary,  to  give  effect  to  such 
a  system. 

Mr,  Grejrg  moved  to  postpone  the  consideration  of  the  resolution  until 
Monday  next; 

The  question  was  taken,  and  decided  in  the  negative. 


June  23.]  JOURNAL  OF  THE  CONVENTION.  79 

On  motion  of  Mr.  Constable, 

The  resolution  was  amended  by  adding  the  following: 

"Also,  as  to  the  propriety  of  creating  a  sinking  fund,  connected  with 
the  debt  due  from  the  state  to  the  college,  school,  and  seminary  fund,  so 
as  to  provide  for  its  early  repayment,  and  the  investment  of  that  lund  in 
the  bonds  of  this  state  at  their  market  value,  at  the  same  time  contemplat- 
ing the  prompt  payment  of  interest  on  the  bonds  so  purchased  by  the  said 
funds." 

The  question  was  taken  on  adopting  the  resolution  reported  from  the 
committee  on  Education,  as  amended,  and  decided  in  the  affirmative. 

]\Ir.  Jones,  from  the  committee  on  Revenue,  repoited  the  following  as 
proper  provisions,  in  the  opinion  of  the  committee,  to  be  inserted  in  the 
revised  constitution: 

"The  legislature  shall  cause  to  be  collected  from  all  free  whife  male  in- 
habitants of  this  state,  over  the  age  of  twenty-one  years,  and  under  the 
age  of  sixty  years,  a  capitation  tax  of  not  less  than  fifty  cents,  nor  more 
than  one  dollar  each,  to  be  applied  yearly  to  the  payment  of  the  interest 
clue  and  to  become  due  from  this  state  to  the  school,  college,  and  seminary 
funds ;  and  if  in  any  year  there  shall  remain  any  balance  of  said  tax  after 
the  payment  of  the  interest  due  for  that  year,  such  balance  shall  be  paid 
into  the  state  treasury. 

Ci  The  legislature  shall  provide  for  levying  a  tax  by   valuation,  so  that 
every  person  shall  pay  a  tax  in  proportion  to  the  value  of  his  or  her  pro- 
perty; such  value  to  be  ascertained  by  some  person  to  be  elected    or  ap- 
pointed in  each  county  in  this  state  in  such  manner  as  the  legislature  shall 
direct,  and  not  otherwise;  but  the  legislature  shall  have  power  to  tax  ped- 
crs,  auctioneers,  brokers,  hawkers,  commission  merchants,  showmen,  jug- 
glers, inn  keepers,  grocery-keepers,  and  ferrys,  and  persons  using  and  ex- 
rc  ising  franchises  and  privileges  in  such  manner  as  they  shall  from  time 
l.o  ti'ne  direct. 

u  The  following  property  sball  be  forever  exempt  from  taxation: 

"  1.     The  wearing  apparel  of  every  person  in  this  state. 

"  *2.  The  household  and  kitchen  furniture  of  every  hou^e  keeper  in 
this  state,  not  to  exceed  in  value  the  sum  of  one  bundled  dollars. 

'  3.     The  real  and  personal  property  of  this  state. 

c>  4.  AH  lands  belonging  to  the  school  fund  of  any  township  in  this 
stale,  and  every  school  house,  court  house,  and  jail,  and  all  county  lands 
and  buildings  set  apart  for  county  purposes  not  to  exceed  five  acres. 

i»«f>.  Every  building  erected  for  religious  worship,  the  pews  and  furni- 
ure  within  the  same,  and  the  land  whereon  such  building  is  erecied,  not 
exceeding  ten  acres. 

kC  6.  Ever)  building  erected  for  the  use  of  any  literary,  religious,  be- 
nevolent, charitable,  or  scientific  institu!ion,  and  the  tract  of  Jnnd  on  which 
,he  same  is  situated,  not  exceeding  ten  acres;  also  the  personal  property 
belonging  to  any  such  institution  and  connected  with  and  set  apart  for 
he  use  thereof." 

On  motion  of  Mr.  Jones. 

The  report  was  laid  on  the  table,  and  two  hundred  copies  ordered  to  be 
printed  for  the  use  of  ihe  convention. 

Mr.  Thomas,  from  the  minority  of  the  committee  on  Revenue,  reported 


80  JOURNAL  OF  THE  CONVENTION.  [June  23. 

the  following  sections  to  be  inserted  in  the  constitution  on  the  subject  of 
revenue: 

SECTION  1.  For  the  purposes  of  defraying  the  charges  and  expenses 
incident  to  the  existence  and  administration  of  government,  the  inhabit- 
ants of  and  property  within  the  state  shail  be  assessed  and  taxed  by  uni- 
form and  equal  rates.  Property  shall  be  taxed  according  to  its  value,  to 
be  ascertained  in  the  manner  herein  prescribed.  The  objects  of  taxation 
shall  be — lands,  tenements,  and  hereditiments,  capital  invested  in  corpora- 
tions or  associations,  franchises,  stock  in  trade,  money  deposited  or  loaned 
at  interest,  personal  property  of  every  description,  auctioneers,  brokers, 
pedlers,  retailers  of  spirituous  or  other  liquors,  commission  merchants,  and 
male  inhabitants  over  twenty-one  and  not  exceeding  sixty  years  of  age. 

SEC.  2.  The  lands  subject  to  taxation  shall  be  divided  into  not  less  than 
six  classes,  upon  each  of  which  a  valuation  shall  be  fixed  by  law,  the  min- 
imum whereof  shall  not  be  less  than  one  dollar  and  twenty-five  cents  per 
acre.  The  lands  in  the  several  countiss  shall  be  classed  and  apportioned 
according  to  quality  and  situation  by  persons  appointed  for  that  purpose, 
once  in  every  five  years,  but  not  more  than  one-third  of  the  lands  in  any 
county  shall  be  placed  in  either  of  the  three  classes  of  least  value,  at  the 
time,  and  by  the  persons  making  the  classification  and  apponionment 
aforesaid.  An  estimate  shall  be  made  of  the  value  of  the  improvements 
upon  each  lot  or  tract  of  land,  and  the  value  thereof  shall  be  set  down 
and  classed  separately,  and  said  lands  and  improvements  shall  be  taxed 
for  the  succeeding  five  years,  according  to  the  said  valuation. 

^EC.  3.  City,  town,  and  village  lots,  with  the  improvements  thereon, 
shall  form  a  sep  irate  class  of  taxable  property,  and  shall  be  valued  annu- 
ally. Capital  invested  in  corporations,  or  associations,  franchises,  stock 
in  trade,  money  deposited  or  loaned  at  interest,  and  personal  property, 
shall  each  form  a  separate  class,  and  shall  be  valued  annually.  Auction- 
eers, pedlers,  brokers,  commission  merchants,  retailers  of  spirituous  or 
other  liquors  shall  be  taxed  as  the  general  assembly  may  direct. 

SEC.  4.  Every  male  inhabitant  over  twenty-ope,  and  not  exceeding 
sixty  years  of  age,  shall  pay  an  annual  tax  of  not  less  than  fifty  cents,  nor 
more  than  one  dollar,  which  shall  be  applied,  first,  to  the  payment  of  in- 
terest on  the  school,  college,  and  seminary  funds,  on  indebtedness  of  the 
state,  the  county  and  township  school  funds,  and  to  literary  institutions 
incorporated  by  the  state;  and  the  residue,  if  any,  to  the  payment  of  oth- 
er state  indebtedness. 

SEC.  5.  When  the  poll  tax,  herein  provided  for,  shall  be  fixed  at  one 
dollar,  no  person  paying  said  tax  shall  be  required  to  perform  more  than 
one  day's  labor  on  the  public  roads  during  the  year;  but  when  said  tax 
shall  be  fixed  at  less  than  one  dollar  two  days  of  such  labor  may  be  re- 
quired. 

SEC.  0.  The  corporate  authorities  of  counties,  townships,  schoDl  dis- 
tricts, cities,  towns,  and  villages,  may  be  vested  with  power  to  assess  and 
collert  taxes  for  corporate  purposes;  such  taxes  to  be  uniform  in  respect  to 
persons  and  property  within  the  jurisdiction  of  the  body  imposing  the 
same. 

SEC.  7.  The  following  property  shall  be  exempt  from  taxation,  viz: 
The  poultry  and  household  and  kitchen  furniture  used  by  families  not  ex- 


* 


ne  23.]          JOURNAL  OF  THE  CONVENTION.  SI 

cceding  in  value  one  hundred  dollars,  and  wearing  apparel,  property  be- 
longing to,  or  held  in  trust  by,  the  state,  or  to  any  county,  township,  or 
school  district,  or  to  cities,  towns  or  villages,  and  held  for  public  use — pro- 
perty owned  and  used  by  corporate  bodies  for  purposes  of  education  or 
religious  worship,  or  the  burial  of  the  dead;  but  the  general  assembly 
shall  have  power  to  limit  the  quantity  of  land  to  be  exempt  as  Aforesaid. 

SEC.  8.     The  specification  of  the  objects  and  subjects  of  taxation  shall 
not  deprive  the  general  assembly  of  the  power  to  require  other  objects-op- 
subjects  to  be  taxed  in  such  manner  as  may  be  consistent  with  the  prin- 
ciples of  taxation  (ixed  in  this  constitution. 
On  motion  of  Mr.  Thomas, 

The  report  was  laid  on  the  table,  and  two  hundred  copies  ordered  to  be 
printed  for  the  use  of  the  convention. 

Mr.  Dement,  from  the  committee  on  the  Legislative  Department,  to 
which  was  referred  sundry  resolutions  and  propositions  at  different  times, 
and  which  committee  had  been  instructed  to  inquire  into  the  expediency 
of  divers  matters,  reported  the  same  back,  accompanied  by  the  following 
report: 

The  commmittec  on  the  Legislative  Department,  having  considered  the 
subjects  submitted  to  them,  report  the  following  proposed  sections  to  the 
constitution: 

SECTION  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate  and  house  of  representa- 
tives, both  to  be  elected  by  the  people. 

SEC.  2.  The  first  election  for  senators  and  representatives  shall  be 
held  on  the  first  Monday  October,  one  thousand  eight  hundred  and  forty- 
eight;  and  forever  thereafter  elections  for  members  of  the  general  assem- 
bly shall  be  held  once  in  two  year?,  on  the  first  Monday  in  October,  in 
each  and  every  county,  at  such  places  therein  as  may  be  provided  by  law. 

SEC.  3.  No  person  shall  be  a  representative  who  shall  not  have  attain- 
ed the  age  of  t weft ty  five  years,  who  shall  not  be  a  citizen  of  the  United 
States,  and  an  inhabitant  of  this  state,  who  shall  not  have  resided  within 
the  limits  of  the  county  or  district  in  which  he  shall  be  chosen  twelve 
months  next  preceding  his  election,  if  such  county  or  district  shall  have 
been  so  long  created;  but  if  not,  then  within  the  limits  of  the  county  or 
counties,  district  or  districts,  out  of  which  Ihe  same  shall  have  been  taken, 
unless  he  shall  have  been  absent  on  the  public  business  of  the  United 
States,  or  of  this  state;  and  who,  moreover,  shall  not  have  paid  a  state 
or  county  tax. 

SEC.  4.  No  person  shall  be  a  senator,  who  shall  not  have  attained 
the  age  of  thirty  years,  who  shall  not  be  a  citizen  of  the  United 
States,  and  who  shall  not  have  resided  one  year  in  the  county  or 
district  in  which  he  shall  be  chosen,  immediately  preceding  his  election, 
if  such  county  or  district  shall  have  been  so  long  erected  ;  but  if  not,  then 
within  the  limits  of  the  county  or  counties,  district  or  districts,  out  of  which 
the  same  shall  have  been  taken,  unless  he  shall  have  been  absent  on  the 
public  business  of  the  United  States,  or  of  this  state,  and  shall  not,  more- 
over, have  paid  a  state  or  county  tax. 

Sec.  5.     The  senators,  at   their  first  session  herein  provided  for,  shall 
be  divided  by  lot  from  their  respective  counties,  or  districts,  as  near  as  can 
6 


8-2  JOURNAL  OF  THE  CONVENTION.          [June  23 

be,  into  two  classes.  The  seats  of  the  first  class  shall  shall  be  vacated  at 
the  expiration  of  the  second  year;  and  those  of  the  second  class  at  the 
expiration  of  the  fourth  year;  so  that  one-half  thereof,  ss  near  as  possible, 
may  be  biennially  chosen  forever  thereafter. 

JSEC.  6.  The  senate  shall  consist  of  twenty-five  members,  and  the 
house  of  representatives  shall  consist  of  seventy-five  members,  never  to  be 
increased  nor  diminished,  to  be  apportioned  among  the  several  counties  as 
herein  provided  for,  and  until  there  shall  be  a  new  apportionment  of  the 
senators  and  representatives,  the  state  shall  be  divided  into  senatorial  and 
representative  districts,  and  the  senators  and  representatives  shall  be  ap- 
portioned among  t'ie  several  districts  as  follows,  viz: 

SEC.  7.  The  first  session  of  the  general  assembly  shall  commence  on 
the  first  Monday  of  January,  one  thousand  eight  hundred  and  forty-nine; 
and  forever  thereafter  the  general  assembly  shall  meet  on  the  first  Mon- 
day in  January  next  ensuing  the  election  of  the  members  thereof,  and  at 
no  other  period,  unless  as  provided  by  this  constitution. 

SEC.  8.  The  senate  and  house  of  representatives,  when  assembled, 
shall  each  choose  a  speaker  and  other  officers;  (the  speaker  of  the  senate 
excepted,)  each  house  shall  judge  of  the  qualifications  and  elections  of 
its  members,  and  sit  upon  its  own  adjournments.  Two-thirds  of  each 
house  shall  constitute  a  quorum,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members. 

SEC.  9.  Each  house  shall  keep  a  journal  of  its  proceedings  and  publish 
them;  the  yeas  and  nays  of  the  members  on  any  question  shall, at  the  de- 
sire of  any  two  of  them,  be  entered  on  the  journals. 

SEC.  10.  Any  two  members  of  either  house  shall  have  liberty  to  dis- 
sent and  protest  against  any  act  or  resolution  which  they  may  think  in- 
jurious to  the  public,  or  to  any  individual,  and  have  the  reasons  of  their 
dissent  entered  on  the  journals. 

SEC.  11.  Each  house  may  determine  the  rules  of  its  proceedings; 
punish  its  members  for  disorderly  behavior;  and,  with  the  concurrence 
of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the  same  cause. 
SEC.  12.  When  vacancies  shall  happen  in  cither  house,  the  governor, 
or  the  person  exercising  the  powers  of  governor,  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

SEC.  13.  Senators  and  representatives  shall,  in  all  rases  except  trea- 
son, felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the 
session  of  the  general  assembly,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  house,  they  shall  not  I  e  ques- 
tioned in  any  other  place, 

SEC.  14.  Each  hou*e  may  punish,  by  imprisonment  during  its  session, 
any  person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
by'any  disorderly  or  contemptuous  behavior  in  their  presence;  provided 
such  imprisonment  shall  not,  at  any  one  time,  exceed  twenty  four  hours. 

SEC.  15.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  of  the  house 
require  seciecy.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

SEC.  16.     Bills  may  originate  in   cither  house,  but  may  be  altered, 


'une  23.]    JOURNAL  OF  THE  CONVENTION.        83 


. 

Ju 


amended,  or  rejected  by  the  other,  and  on  the  final  passage  of  all  bills  the 
vote  shall  be  by  yeas  and  nays,  and  shall  be  entered  on  the  journal. 

See.  17.  All  bills  for  raising  a  revenue  shall  originate  in  the  house  of 
representatives,  subject,  however,  to  amendment  or  rejection,  as  in  other 
cases. 

SEC.  18.  Ever)*  bill  shall  be  read  on  three  different  days  in  each  house, 
unless,  in  case  of  urgency,  three-fourths  of  the  house  where  such  bill  is  so 
depending  shall  deem  it  expedient  to  dispense  with  this  rule;  and  eveTy" 
bill  having  passed  both  houses,  shall  be  signed  by  the  speakers  of  their  re- 
spective houses.  And  no  private  or  local  law  which  m«iy  be  passed  by 
the  legislature,  shall  embrace  more  than  one  subject,  and  that  shall  be  ex- 
pressed in  the  title,  and  no  general  law  shall  be  in  force  until  published. 

£EC.  19.  The  style  of  the  laws  of  the  state  shall  be,  "  Be  it  enacted  by 
the  people  of  the  state  of  Illinois,  represented  in  the  general  assembly. 

SEC.  20.  The  sum  of  two  dollars  per  day,  for  the  first  forty-two  days' 
attendance,  and  one  dollar  per  day  for  each  day's  attendance  thereafter, 
and  ten  cents  for  each  necessary  mile's  travel  going  to  and  returning  from 
the  seat  of  government,  shall  be  allowed  to  the  members  of  the  general 
assembly,  as  a  compensation  for  their  services. 

SEC.  21.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law;  and  an  accurate  statement  of  the 
receipts  and  expenditures  of  the  public  money  shall  be  attached  to  and 
published  with  the  laws  at  the  rising  of  each  session  of  the  general  assem- 
bly. 

SEC.  22.  No  senator  or  representative  shall,  during  the  time  for  which 
he  shall  have  been  elected,  or  during  one  year  after  the  expiration  there- 
of, be  appointed  or  elected  to  any  civil  office  under  this  state,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been  increased 
during  such  time. 

SEC.  23.  The  house  of  representatives  shall  have  the  sole  power  of 
impeaching,  but  a  majority  of  all  the  members  present  must  concur  in 
an  impeachment.  All  impeachments  shall  be  tried  by  the  senate;  and 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or  affirma- 
tion to  do  justice  according  to  law  and  evidence.  No  person  shall  be  con- 
victed without  the  concurrence  of  two  thirds  of  all  the  senators  present. 

SEC.  24.  The  governor  and  all  other  civil  officers  under  this  state  shall 
be  liable  to  impeachment  for  any  misdemeanor  in  office;  but  judgment  in 
such  cases  shall  not  extend  further  than  to  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honor,  profit,  or  trust  under  this  state. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable  to 
indictment,  trial,  judgment,  and  punishment  according  to  law- 

SEC.  25.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney  general,  attorney  for  the  state,  register,  clerk  of  any  court  of  re- 
cord, sheriff  or  collector,  member  of  either  house  of  congress,  or  person 
holding  any  lucrative  office  under  the  United  States,  or  this  state,  (pro- 
vided that  appointment?  in  the  militia,  postmasters  or  justi<  es  of  the  peace, 
shall  not  be  considered  lucrative  offices.)  shall  have  a  seat  in  the  genenl 
assembly;  nor  shall  any  person  holding  any  office  of  honor  or  profit  under 
the  government  of  the  United  States,  hold  any  office  of  honor  or  profit 
under  the  authority  of  this  state. 


84  JOURNAL  OF  THE  CONVENTION.  [June  23. 

SEC.  26.  Every  person  who  shall  be  chosen  or  appointed  to  any  office 
of  trust  or  profit,  shall,  before  entering  upon  the  duties  thereof,  take  an 
oath  to  support  the  constitution  of  the  United  States  and  of  this  state,  and 
also  an  oath  of  office. 

SEC.  27.  The  general  assembly  shall  have  full  power  to  exclude  from 
the  privilege  of  electing  or  being  elected,  any  person  convicted  of  bribe- 
ry, perjury,  or  any  other  infamous  crime. 

SEC.  '28.  The  general  assembly  shall  have  no  power  to  grant  divorces, 
but  may  authorize  the  courts  of  justice  to  grant  them  for  such  causes  as 
may  be  specified  by  law;  Provided,  that  such  laws  be  general  and  uniform 
in  their  operation  throughout  the  state. 

SEC.  2'J.  The  general  assembly  shall  have  no  power  to  authorize  lot- 
teries for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery 
tickets  in  this  state. 

SEC.  30.  The  general  assembly  shall  have  no  power  to  authorize,  by 
private  or  special  law,  the  sale  of  any  lands  or  other  real  estate  belong- 
ing in  whole  or  in  part  to  any  minor  or  minors,  or  other  person  or  per- 
sons who  may  at  the  time  be  under  any  legal  disability  to  act  for  them- 
selves. 

SEC.  31.  The  general  assembly  shall  have  no  power  to  suspend  any 
general  law  for  the  benefit  of  any  particular  individual,  nor  to  pass  any 
law  for  the  benefit  of  individuals  inconsistent  with  the  general  laws  of  the 
land ;  nor  to  pass  any  law  granting  to  any  individual  or  individuals,  rights, 
piivileges,  immunities  or  exemptions,  other  than  such  as  may  be,  by  the 
same  law,  extended  to  any  member  of  the  community,  who  may  be  able 
to  bring  himself  within  the  provisions  of  such  law;  nor  shall  the  legisla- 
ture pass  any  law,  whereby  any  person  shall  be  deprived  of  his  life,  liber- 
ty, property  or  franchises  without  trial  and  judgment. 

SEC.  32.  In  the  year  one  thousand  eight  hundred  and  fifty-five,  and 
every  tenth  year  thereafter,  an  enumeration  of  all  the  white  inhabitants 
of  this  state  shall  be  made  in  such  manner  as  shall  be  directed  by  law;  and 
the  number  of  senators  and  representatives,  shall,  at  the  first  session  of 
the  general  assembly  holdcn  after  the  returns  herein  provided  for  are  made, 
be  apportioned  among  the  several  counties  or  districts  to  be  established  by 
law,  according  to  the  number  of  white  inhabitants. 

SEC.  ?>3.  The  state  may,  to  meet  casual  deficits  of  failures  in  revenues, 
contract  debts,  but  never  to  exceed  in  the  aggregate  fifty  thousand  dol- 
lars, and  no  debt  for  any  other  purpose,  except  to  repel  invasion,  suppress 
insutrcction,  or  defend  the  state  in  war,  for  payment  of  which  the  faith 
of  the  state  shali  be  pledged,  shall  be  contracted,  unless  the  law  author- 
izing the  same,  shall,  at  a  general  election,  have  been  submitted  to  the 
people,  and  have  received  a  majority  of  all  the  votes  cnst  for  and  against 
it  at  such  election. 

SEC.  34.  The  credit  of  the  state  shall  not,  in  any  manner,  be  given 
or  loaned  to,  or  in  aid  of,  any  individual,  association,  or  corporation. 

SEC.  35.  The  legislature  shaM  provide  by  law,  that  the  fuel  and  sta- 
tionery furnished  for  the  use  of  the  state,  the  copying,  printing,  and  dis- 
tributing the  laws  and  journals  of  the  general  assembly  shall  be  let  by  con 
tract  to  the  lowest  responsible  bidder,  and  that  no  member  of  the  gener- 
al assembly,  or  other  officer  of  the  state,  be  interested  either  directly  or 
indirectly  in  any  such  contract. 


June  21.]          JOURNAL  OF  THE  CONVENTION. 


Mr.  Constable  moved  that  the  report  be  laid  on  the-  table,  and  two  hun- 
dred copies  thereof  printed  Tor  the  use  of  the  convention. 

On  motion, 
The  convention  adjourned  until  to-morrow  morning,  9  o'clock. 


THURSDAY,  JUNE  24,  1S47. 


Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Hale. 

The  question  pending  at  the  adjournment  on  yesterday,  was  on  a  mo- 
tion made  by  Mr.  Constable  to  lay  on  the  table  and  order  the  printing  of 
two  hundred  copies  of  the  report,  made  by  Mr.  Dement,  from  the  commit- 
tee on  the  Legislative  Department; 

The  question  was  taken,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Constable, 

The  order  of  business  was  suspended  to  enable  him  to  offer  an  order; 
when  he  offered  the  following: 

Ordered,  That  the  door-keeper  of  this  convention  be  instructed  to  con- 
tract for  the  delivery  daily  of  a  sufficient  quantity  of  ice  for  the  use  of 
this  body. 

Mr.  Scates  moved  to  amend  the  order  by  adding  thereto  the  words 
u  for  the  use  of  such  members  as  furnish  the  money  to  pay  for  it." 

Mr.  Servant  moved  to  amend  the  amendment  by  adding  thereto  the 
following: 

;;  And  that  no  person  be  permitted  to  use  any  of  said  ice,  unless  he  has 
furnished  his  portion  of  the  money  with  which  to  purchase  it." 

Mr.  Witt  moved  to  lay  the  amendments  on  the  table, 

Mr.  Campbell  of  McDonough  moved  to  lay  the  whole  subject  on  the 
table. 

Mr.  Witt  called  for  a  division. 

The  question  was  then  taken  on  laying  the  amendment  to  the  amend- 
ment on  the  table,  and  decided  in  the  affirmative. 

The  question  WHS  then  taken  on  laying  the  amendment  to  the  order  on 
the  table,  and  decided  in  the  affirmative. 

The  question  was  then  taken,  by  yeas  and  nay?,  on-laying  the  order  on 
the  table, 

And  decided  in  the  affirmative,       \  XTea?'  Q  t 

(Nays,         -ok 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Ballingall 
Brockrnan 


Mr.  Bosbyshell 
Bunsen 
Butler 
Grain 
Canady 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Zadok  Casey 
Colby 
Cross  of  Wood  ford 


Mr.  Cloud 
Dale 

Davis  of  Montgomery 
Davis  of  Massac 
Dawson 
Delta 
Dement 
Dunn 
Dunsmore 
Eccles 
Edmonson 


86 


JOURNAL  OF  THE  CONVENTION.         [June 


Mr.  Evey 
Farwell 
Friek 
Graham 

Green  of  Tazewell 
Gnmshaw 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 

Henderson 
Hill 
Hogue 
Hwnsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Jorieg- 
Judd 
Kreid'er 
Kenner 


Mr.  Kinney  of  Bureau 
Kitchell 


Lander 

Laughlin 

Lemon 

Lin  ley 

Logan 

Loud  on 

McCuHy 

McHatton 

Manly 

Marshall  of  Coles 

Marshall  of  Mason 

MSSO& 

Mieure 

Moffett 

Moore 

Morris 

Nichote 

©liver 

Pace 

Palmer  of  Marshall 

Pratt 

Powers 


Mr.  Rives 
Robbing 
Robinson 
Rountree 
Scates 
Swan 
Shields 
Spencer 
Sharpe 
Sherman 
Sim 

Simpson 

Smith  of  GaHalin 
Smith  of  Macon 
Shumway 
Thornton 
Trower 
Turnbull 
Turner 
Vance 
Vernor 
Webber 
West 
Whitney 
Woodson, 


Those  voting  in  the  negative,  are7 


Mr.  BOTI<$ 


Constable 

Cross  of  Winnebago 

Churchill 

Davis  of  McLean 


Mr.  Heacock 

Mr.  Pinckney 

Hoes 

Roman 

Knapp  of  Jersey 

Stadden 

Knapp  of  Scott 

Servant 

Knox 
McCallen 

Thompson 
Tutt 

Mcdur* 

Wead 

Miller 

William* 

Minshall 

Witt 

Palmer  of  Macoupro 

Whiteside 

Peters 

Worcester, 

Edwards  of  Madison 

Edwards  of  Sangamcn 

Geddes 

Green  of  Jo  Daviess 

Gregg 

Harding 

Mr.  Archer,  from  the  committee  on  the  Organization  of  Departments, 
and  offices  connected  with  t'he  Executive  Department,  to  which  was  re- 
ferred certain  resolutions  instructing  said  committee  to  inquire  into  the 
propriety  of  providing  for  <;  the  ejection  of  an  auditor  of  public  accounts,'7 
with  sundry  othtr  propositions,  reported  that  the  committee  had  had  the 
same  under  consideration,  and  had  instructed  him  to  report  the  following 
provisions  as  amendments  to  the  constitution  : 

SEC.  •— -.  There  shall  be  chosen  by  the  qualified  electors  throughout 
the  stale,  an  auditor  of  puMic  accounts,  who  shall  hold  his  oftice  for  the 
term  of  four  years,  and  whose  duties  shall  be  regulated  by  law,  and  who 
shall  receive  a  salary  of  one  thousand  dollars  per  annum  for  his  services. 

SEC.  — .  There  shall  be  elected,  by  the  qualified  voters  throughout  the 
state,  a  state  treasurer,  who  shall  hold  his  office  for  two  years,  whose  du- 
ties may  be  regulated  by  law,  and  who  shall  receive  a  salary  of  eight 
hundred  dollars  per  annum. 

SEC.  — ,  There  shall  be  elected,  by  the  qualified  voters  throughout 
the  state,  a  secretary  of  state,  who  shall  hold  his  office  for  the  same  time 
as  the  governor,  and  who  shall  receive  a  salary  of  eight  hundred  dollars 
per  annum.  He  shall  keep  a  fair  register  of  the  official  acts  and  proceed- 


* 


ne  24]          JOURNAL  OF  THE  CONVENTION.  87 

ings  of  the  governor,  and  shall,  when  required,  lay  the  same -and  all  pa- 
pers, minutes,  and  vouchers,  relative  thereto  before  the  general  assembly, 
and  shall  perform  such  other  duties  as  may  be  required  of  him  by  law. 

gEc.  — .  The  general  assembly  shall  advertise  for  sealed  proposals  to 
be  received  at  the  office  of  the  secretary  of  state,  for  printing  and  bind- 
ing the  laws  and  journals  and  all  other  papers  required  or  directed  to  be 
printed,  and  shall  let  out  the  same  to  the  lowest  responsible  bidder." 

The  committee  also   reported   back  the  resolution  "providing   for  tbe_ 
election  by  the  proper  circuit  of  one  stitc's  attorney,"  &c  ,  and  recom- 
mended its  reference  to  the  committee  on  the  Judiciary  Department. 
On  motion  of  Mr.  Archer, 

The  report  was  laid  on  the  table,  and  two  hundred  copies  of  the  sec- 
tions therein  reported  ordered  to  be  printed  for  the  use  of  the  conven- 
tion. 

Mr.  Gregg,  from  the  select  committee  to  apportion  the  state  into  sena- 
torial and  representative  districts,  reported  the  following  resolution,  and 
recommended  its  adoption: 

Resolved,  That  the  auditor  cause  to  be  made  for  the  use  of  the  commit- 
tee on  apportioning  the  state  into  representative  and  senatorial  districts, 
thirty  outline  maps;  and  it  is  further 

Resolved,  That  there  be  printed  for  the  use  of  the  said  committee  and 
the  convention  two  hundred  copies  of  the  census  of  1845,  as  corrected 
at  the  last  session  of  the  general  assembly. 

Mr.  Shumway  moved  to  amend  the  resolution  by  inserting  after  the 
word  "maps"  the  following: 

"  And  that  the  number  of  white  inhabitants  of  each  county?  as  appears 
by  the  last  census,  be  written  upon  the  surface  of  the  maps  within  the 
lines  of  each  county." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  affirmative. 

The  question  wa*  then  taken  on  adopting  the  resolution,  as  amended, 
and  decided  in  the  affiimative. 

Mr.  Scales  offered  the  following: 

Resolved,  That  the  committee  on  Finance  inquire  into  the  expediency 
of  taxing  tho  public  lands. 

On  motion  of  Mr.  Scales, 

The  consideration  of  the  resolution  was  postponed  until  Wednesday 
next. 

On  motion  of  Mr.  Dawson, 

Resolved,  That  the  committee  on  the  Bill  of  Rights  be  instructed  to  in- 
quire into  the  expediency  of  engrafting  a  provision  in  the  constitution  hav- 
ing for  its  object  the  suppression  of  duelling. 
On  motion  of  Mr.  Wcad, 

Resolved,  That  a  special  committee  of  eleven  persons  be  appointed  to 
inquire  into  the  expediency  of  abolishing  the  county  commissioners'  court, 
and  providing  for  the  organization  of  townships,  which  townships  shall 
have  the  general  superintendance  of  their  fiscal  affairs;  and  also  to  report 
a  plan  for  the  better  administration  of  county  affairs. 

Ordered,  That  Messrs.  Wead,  Davis  of  Massac,  Williams,  Cross  of 
Winnebago,  Scales,  ITarlan,  Davis  of  McLean,  Brown,  Kinney  of  St, 
Clair,  Peters,  and  Pratt,  be  that  committee, 


R8  JOURNAL  OF  THE  CONVENTION  [June  24. 

Mr.  Geddrs  ofTered  the  following: 

Resolved,  That  the  committee  on  Military  Affairs  be  and  is  hereby  in- 
structed to  inquire  into  the  expediency  of  so  amending  the  constitution 
by  adding  to  the  5th  article  and  2d  section  the  following: 

Provided,  That  all  persons  who  do  not  do  military  duty  according  to 
law,  shall  pay  a  fine  of  from  fifty  cents  to  one  dollar,  to  be  collected  as 
other  tax  and  applied  to  common  school  purposes. 

Provided^  That  when  the  companies  are  organized,  the  captain  or  com- 
manding officer  shall  make  out  a  list  of  the  delinquents,  and  place  them 
in  the  hands  of  the  collector. 

Provided,  also,  That  when  there  is  no  organization  the  tax  above  stated 
shall  be  assessed  on  all  free  white  male  inhabitants  over  the  age  of  eigh- 
teen and  under  forty-five,  and  collected  and  applied  as  above  stated. 

Mr.  Church  offered  the  following  to  be  added  to  the  resolution: 

Provided,  That  any  poll  tax  that  may,  by  law,  be  levied  and  collected 
shall  be  in  lieu  of  mi'itary  duly. 

Mr.  Shields  moved  to  lay  the  resolution  and  amendment  on  the  table. 

Mr.  Marshall  of  Mason  called  for  a  division; 

The  question  was  taken  on  laying  the  amendment  on  the  table,  and  de- 
cided in  the  affirmative. 

The  question  was  taken  on  laying  the  resolution  on  the  table,  and  de- 
cided in  the  affirmative. 

Mr.  Rountree  offered  the  following: 

Resolved*  That  the  committee  on  Revenue  be  instructed  to  inquire  into 

the  expediency  of  fixing  a  maximum  rate  of  taxation,  to  continue  for 

years. 

The  previous  question  having  been  moved,  it  was  ordered  to  be  put. 

The  question  was  accordingly  taken  upon  the  adoption  of  the  resolu- 
tion, and  decided  in  the  affirmative. 

Mr.  Keriner  offered  the  following: 

Resolved,  That  the  committee  on  the  Legislative  Department  inquire 
into  the  propriety  of  limiting  the  action  of  the  general  assembly  so  as  to 
prohibit  them  from  passing  any  law,  f,he  power  to  pass  which  is  not  di- 
rectly guarantied  in  the  constitution. 

Resolved,  That  the  committee  on  the  Legislative  Department  be  instruc- 
ted to  inquire  into  the  propriety  of  so  amending  the  constitution  as  to  re- 
quire the  yeas  and  nays  to  be  taken  on  the  final  passage  of  all  laws,  and 
whether  any  bill  ought  to  become  a  law  unless  the  same  receive  the  sanc- 
tion of  a  majority  of  all  the  members  elect  in  both  branches  of  the  gen- 
eral assembly. 

On  motion  of  Mr.  Constable, 

The  resolutions  were  laid  on  the  table. 
On  motion  of  Mr.  Kitchcll, 

Resolved^  That  the  committee  on  Law  Reform  be  instructed  to  inquire 
into  the  expediency  of  providing  an  article  in  the  constitution  which  will 
prohibit  the  general  assembly  hereafter  from  amending  any  general  law, 
by  its  title,  but  that  where  it  becomes  necessary  to  amend  any  law,  tho 
amendment  shall  be  incorporated  with  the  original  act,  and  both  be  to- 
gether passed  and  published,  in  order  that  the  whole  law,  upon  any  sub- 
ject, may  be  rr.oro  easily  and  certainly  known  and  understood  by  the 
people. 


me  2-1.]          JOURNAL  OF  THE  CONVENTION. 


89 


Revoked,  That  the  committee  on  Law  Rerorm  be  instructed  to  report 
to  this  convention,  at  as  early  a  day  as  practicable,  an  amendment  to  the 
constitution,  providing  that  no  act  of  the  general  assembly,  hereafter  to  be 
passed  of  a  general  character,  shall  be  in  force  until  the  same  shall  be 
published  and  transmitted  to  the  several  counties  in  the  state,  in  order 
that  the  people  of  the  state  may  know  what  changes  are  made,  or  new 
laws  enacted  before  they  are  to  be  effected  by  them. 
On  motion  of  Mr.  Churchill, 

Resolved,  That  a  committee  be  appointed  by  the  president,  to  which 
when  appointed  is,  by  this  resolution,  referred  the  subject  of  agriculture, 
agricultural  statistics,  geology,  minerology,  salines,  and  internal  improve- 
ment, with  instructions  to  inquire  into  and  report  what  constitutional  pro- 
visions, if  any,  the  several  subjects  require. 

Ordered,  That  Messrs.  Churchill,  Dale,McCallcn,  Webber,  Brockman, 
Green  of  Jo  Daviess,  and  Matheny  be  that  committee. 

Mr.  Campbell  of  McDonough  offered  the  following: 

Resolved,  That  the  president  of  this  convention  be  requested  to  make 
out  and  file  in  the  office  of  the  auditor  of  public  accounts,  on  the  24th  inst., 
a  certificate  or  pay-roll,  authorizing  the  auditor  to  pay  to  each  delegate 
and  officer  of  this  convention  the  amount  of  their  per  diem  pay  up  to  the 
*23d  inst.,  and  the  full  amount  of  their  mileage. 

Mr.  Davis  of  McLean  moved  to  lay  the  resolution  on  the  table. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Woodson  offered  the  following  as  an  amendment  to  the  resolution: 

*'  Provided,  said  sum  shall  not  exceed  two  dollars  per  diem/' 

Mr.  Davis  of  Massac  moved  to  Jay  the  amendment  on  the  table. 

The  question  was  taken,  by  yeas  and   nays,  on  laying  on    table, 

•         .         •  Si 


And  decided  in    the    affirmative, 


Those  voting  in  the  affirmative,  are, 


CO 


Mr.  Adams 
Akin 
Anderson 
Armstrong 
Blair 
Blakely 
Ballingall 
Brockman 
Bosby  shell 
Bunsen 
Butler 
Carter 
Colby 

Cross  of  Winnebago 
Cloud 
Church 
Churchill 

Davis  of  Montgomery 
Davis  of  Massac 
Dement 
Dtimmer 
Dunn 
Edrnonson 
Farwell 


Mr.  Frick 
Geddes 

Green  of  Jo  Daviess 
Grimshaw 
Hatch 
Hawley 
,    Heacock 
Henderson 
Hill 
Hoes 
Hogue 
Hurlbut 
Huston 
Jackson 
Jenkins 

Knapp  of  Jersey 
Kenner 

Kinney  of  Bureau 
Kinney  of  St.  Clair 
Lander 
Laughlin 
London 
McCallen 
McClure 


Mr.  McHatton 
Manly 

Marshall  of  Coles 
Marshall  of  Mason 
Mason 
Minshall 
Moffett 
Moore 
Morris 
Nichols 
Norton 
Oliver 
Pace 

Palmer  of  Macoupin 
Pratt 
Pinckney 
Rives 
Robbins 
Roman 
Swan 
Sharpe 
Servant 
Sibley 
Smith  of  Gallatin 


90 

Mr.  Thompson 
Thornton 
Trower 


JOURNAL  OP  THE  CONVENTION. 


[June  21. 


Mr.  Turner 
Tutt 
Vance 


Mr.  We  ad 
Webber 
Whitney. 


Those  voting  in  the  negative,  are. 


Mr.  Allen 

Mr.  Harper 

Mr.  Powers 

Atherton 

Harvey 

Robinson 

Bond 

Hay 

Rountree 

Canady 

Hunsaker 

Scates 

Campbell  of  McDonough 

James 

Stadden 

F.  S.  Casey 

Jones 

Shields 

Z.  Casey 

Juddl 

Spencer 

Choate 

Knapp  of  Scott 

Sim 

Constable 

*    Kreider 

Simpson 

Dale 

Kitchell 

Smith  of  Macon 

Davis  of  McLean 

Knowlton 

Shumway 

Dawson 

Knox 

Turnbull 

Edwards  of  Madison 

Lasater 

Tattle 

Edwards  of  Sangamon 

Lemon 

Vernor 

Eccles 

Linley 

West 

Evey 

Logan 

Williams 

Graham 

McCully 

Witt 

Green  of  Tazewell 

Mieure  * 

Whiteside 

Harding 

Miller 

Woodson 

Harlan 

Palmer  of  Marshall 

Worcester. 

The  question  was  then  taken  on  the  adoption  of  the  resolution,  and  de- 
cided in  the  affirmative. 

On  motion  of  Mr.  Kitchell, 
Leave  of  absence  was  granted  to  Mr.  Green  of  Clr.y  for  six  days. 

On  motion, 
The  convention  adjourned  to  four  o'clock,  P.  M. 


FOUR    O  CLOCK,    P.    M. 


The  convention  met  pursuant  to  adjournment. 

Mr.  Robbins  offered  the  following: 

Resolved,  That  the  committee  to  provide  for  the  alteration  and  amend- 
ment of  the  constitution,  inquire  into  the  expediency  of  amending  article 
7th  of  the  constitution,  by  substituting  in  place  thereof  the  following,  to 
wit: 

"  Whenever  two-thirds  of  the  general  assembly  of  this  state  shall  think 
it  necessary  to  alter  or  amend  this  constitution,  they  shall  propose  such 
alterations  or  amendments  to  the  people;  and  it  shall  be  the  duty  of  the 
governor,  by  proclamation,  to  lay  the  same  before  the  people,  at  least  four 
months  before  the  next  ensuing  election  for  members  of  the  general  as- 
sembly; and  if  a  majority  of  all  the  members  of  both  branches  of  the 
general  assembly,  elected  at  the  said  election,  shall  approve  of  all  or  a 
part  of  the  said  proposed  amendment?,  the  amendment  or  amendments  so 
approved  of  shall  be  submitted  to  the  people  for  their  ratification  or  re- 
jection, and  such  amendments  as  shall  be  so  ratified  by  a  majority  of  the 
legal  voters  of  the  state,  shall  become  a  part  of  the  constitution." 


June  CJ4.J          JOURNAL  OF  THE  CONVENTION.  01 

Mr.  Kitchcll  moved  to  strike  oiit  all  after  the  word  "  resolved,"  and 
insert  the  following: 

64  That  the  committee  on  the  Revision  and  Adjustment  of  the  articles  of 
amendment  of  the  Constitution  be  instructed  to  report  an  article  to  this 
convention  so  amending  the  seventh  article  of  the  constitution  ns  to  pro- 
vide that  hereafter  the  constitution  may  be  amended  by  articles  agreed  to 
by  two-thirds  of  the  general  assembly,  and  approved  by  a  majority  of  the 
qualified  voters  of  the  state  at  some  general  election,  without  requiring 
the  call  of  a  convention/' 

Mr.  Eccles  moved  to  amend  the  proposed  substitute  by  striking  out  the 
word  "  report,"  and  inserting  in  lieu  thereof  the  words  "  inquire  into  the 
expediency  of  reporting." 

The  question  was  taken  on  agreeing  to  the  amendment  to  the  amend- 
ment, and  decided  in  the  affirmative. 

Mr.  Marshall  of  Coles  moved  further  to  amend  the  substitute  by  ad- 
ding thereto  the  following  proviso: 

"  Provided,  That  the  people  shall  not  be  called  upon  to  vote  upon  more 
than  one  amendment  to  the  constitution  in  any  one  year." 

The  question  was  taken  on  agreeing  to  the  proviso,  and  decided  in 
the  negative. 

Mr.  Davis  of  Massac  moved  to  lay  the  resolution  and  substitute  on  the 
table. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Deitz  offered  the  following  as  a  proviso,  to  be  added  to  the  resolu- 
tion: 

''Provided,  That  such  proposed  amendment  or  amendments  shall  not 
be  entertained  more  than  once  in  five  years." 

The  question  was  taken  on  agreeing  to  the  proviso,  and  decided  in  the 
negative. 

On  motion  of  Mr.  Edwards  of  Madison, 

The  amended  substitute  was  laid  on  the  table. 

Mr.  Kenner  offered  the  following  as  a  proviso  to  be  added  to  the  reso- 
lution: 

Provided,  That  the  legislature  shall  not  act  upon  more  than  one  of  the 
following  divisions  in  the  constitution  at  the  same  session:  the  judiciary, 
legislative  or  executive. 

On  motion  of  Mr.  Constable, 

The  proposed  proviso  was  laid  on  the  table. 
O,n  motion  of  Mr.  Cross  of  Winnebago, 

The  previous  question  was  ordered. 

The  question  was  taken  on  the  adoption  of  the  resolution,  and  decided 
in  the  affirmative. 

On  motion  of  Mr.  Spencer, 

Resolved,  That  the  committee  on  Law  Reform  be  requested  to  inquire 
into  the  expediency  of  exempting  the  property  of  married  women  from 
attachment  or  execution,  sale  or  distress,  by  virtue  of  any  legal  process 
against  the  husband,  by  a  provision  to  be  inserted  in  the  amended  consti- 
tution. 

On  motion  of  Mr.  Logan^ 

The  following  additional  rule  was  adopted: 


92  JOURNAL  OF  THE  CONVENTION.          [June&i. 

"  Two-thirds  of  the  convention  shall  be  necessary  to  constitute  a  quo- 
rum to  do  business;  but  any  number  of  members,  at  or  after  the  time  to 
which  the  convention  shall  have  adjourned,  or  while  the  convention  is  in 
session,  shall  have  power  to  order  a  call  of  the  convention,  and  to  enforce 
the  attendance  of  absent  members." 
On  motion  of  Mr.  Bosby shell, 

Resolved,  That  the  auditor  of  state  be  requested  to  report  to  this  con- 
vention, at  as  early  a  day  as  practicable,  the  amount  of  real  and  personal 
property  in  this  state,  subject  to  taxation  in  the  years  1830  and  1840. 

On  motion  of  Mr,  Grain, 

Resolved,  That  the  committee  on  the  Legislative  Department  be  instruc- 
ted to  inquire  into  the  propriety  of  so  amending  the  constitution  as  to  pro- 
hibit the  holding  of  two  or  more  lucrative  offices,  at  the  same  time,  by  one 
person. 

Mr.  Kenner  offered  the  following: 

Resolved,  That  the  committee  on  Counties  be  instructed  to  inquire  into 
the  propriety  of  so  amending  the  constitution  as  to  permit  any  portion  of 
a  coun'.y,  containing  more  than  four  hundred  equare  miles,  to  be  stricken 
off  and  added  to  a  county  of  less  than  four  hundred  square  miles,  upon  a 
majority  of  three-fourths  of  the  legal  voters  in  said  district  proposed  to  be 
stricken  off;  Prowdedt  That  the  county  from  whence  it  may  be  taken 
shall  not  be  reduced  to  an  area  of  less  than  four  hundred  square  miles, 
nor  the  county  lines  brought  within  ten  miles  of  any  county  seat. 
Which  was, 

On  motion  of  Mr.  Knowlton, 
Laid  on  the  table  until  the  4th  of  July,  1849. 
Mr.  Bond  offered  the  following: 

Resolved,  That  the  committee  on  Bill  of  Rights  be  instructed  to  report 
for  adoption  by  this  convention,  as  an  article  of  the  new  constitution  of 
this  state,  a  clause  prohibiting  free  negroes  from  hereafter  emigrating  to 
and  settjing  within  the  bounds  of  this  stare,  and  to  prevent  the  owners  of 
slaves  in  other  states  from  bringing  them  into  and  setting  them  free  in  this 
state,  with  such  penalties  annexed  as  will  be  calculated  to  effectuate  the 
object  in  view. 

Mr.  Adams  moved  to  strike  out  all  after  the  word  "  resolved,"  and  in- 
sert in  lieu  thereof  the  words: 

"That  the  legislature  shall  have  no  power  to  pass  laws  of  an  oppressive 
character  applicable  to  persons  of  color." 
On  motion  of  Mr.  Shields, 

The  amendment  was  laid  on  the  table,  by  yeas  and  nays:  <XTCas'     " 

J       (Nays,     .     46 

Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Campbell  of  McDonough  Mr.  Dawson 

Allen  F.  S.  Casey  Dement 

Anderson  Z.  Casey  Dunsrnoie 

Atherton  Constable  Edwards  of  Madison 

Blakely  Cloud  Edwards  of  Sangamon 

Brockman  Churchill  Eccles 

Bond  Davis  of  Montgomery  Edrnonson 

Grain  Davis  of  Massac  Evey 


June  25.] 


JOURNAL  OF  THE  CONVENTION. 


Mr.  Frick 
Graham 
Geddes 

Green  of  Jo  Daviess 
Grimshaw 
Harlan 
Hawley 
Hunsaker 
Huston 
James 
Jenkins 
Jones 

Kriapp  of  Jersey 
Knapp  of  Scott 
Kreider 
Kenner 

Kinney  of  St.  Clair 
Kitchell 
Lander 
Lasater 
Laugh  lin 
Lemon 
Logan 


Mr.  London 
McCallen 
McCully 
McClure 
McHatton 
Manly 

Marshall  ot  Coles 
Marshall  of  Mason 
Mieure 
Miller 
Minshall 
Moore 
Morris 
Oliver 
Pace 

Palmer  of  Maconpin 
Palmer  of  Marshall 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scales 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Armstrong 
Blair 
Ballingall 
Bunsen 
Butler 
Can  ad y 
Carter 
Choate 
Colby 

Cross  of  Winnebago 
Church 
Dale 

Davis  of  McLean  ^ 
Deitz 
Durnmer 


Mr.  Dunn 

Green  of  Tazevrell 

Gregg 

Harding 

Harper 

Harvey 

Haich 

Hcacock 

Henderson 

Hill 

Hoes 

Hurl  but 

Jackson 

Judd 

Kinney  of  Bureau 


Mr.  Stadden 
Sharpe 
Shields 
Servant 
Sim 

Simpson 

Smith  of  Gallatia 
Smith  of  Macon 
Shu  no  way 
Thornton 
Trower 
Turnbull 
Tutt 
Tuttle 
Vance 
Vernor 
Webber 
West 
Witt 

Whiteside 
Woodson 
Worcester. 


Mr.  Knowlton 
Knox 
IV1  ason 
Moffett 
Norton 
Pratt 
Peters 
Pinckney 
Powers 
Swan 
Spencer 
Sibley 
Turner 
Williams 
Whitney. 


On  mo  ion, 
The  convention  adjourned  until  to-morrow  morning  at  9  o'clock. 


FRIDAY,  JUICED,  1S47. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Barge r. 

The"  question  pending  at  the  adjournment  on  yesterday,  was  on  the 
adoption  of  the  resolution  introduced  yesterday  by  Mr.  Bond. 

Mr.  Thornton  moved  to  amend  the  resolution  by  striking  out  all  after 
the  \vords  "instructed"  and  insert  in  lien  thereof  the  following: 

"To  report  a  provision  for  insertion  in  the  revised  constitution,  author- 
izing the  legislature  to  enact  all  necessary  laws,  to  prevent  the  immigra- 
tion of  negroes  to  this  state,  and  to  prohibit  their  emancipation  here  by 
their  owners,  on  any  terms." 


94  JOURNAL  OF  THE  CONVENTION.          [June  25. 

Mr.  Witt  moved  the  previous  question;  the  question  was  taken,  and  de- 
cided in  the  negative. 

Mr.  Mason  moved  to  lay  the  resolution  and  amendment  on  the  table, 
and  that  two  hundred  copies  of  the  resolution  and  amendment,  with  all 
the  laws  of  fhe  state  relating  to  people  of  color,  be  printed  for  the  use  of 
the  convention. 

Mr.  Kitchell  moved  that  the  motion  of  Mr.  Mason  to  lay  on  the  table 
and  print  be  laid  upon  the  table. 

Mr.  Worcester  called  for  a  division  so  as  to  first  take  the  question  on 
laying  the  motion  to  print  on  the  table. 

The  question  was  then  taken  on  laying  the  part  of  Mr.  Mason's  mo- 
(ion  which  relates  to  printing  on  the  table,  and  decided  in  the  affirmative. 

The  question   was  then  taken  on  laying  the  remainder  of  Mr,  Mason's 
motion  on  the  table,  and  decided  in  the  affirmative. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  P.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  met. 

The  question  pending  at  the  adjournment  this  morning  was  upon 
agreeing  to  the  amendment  proposed  this  morning  by  Mr.  Thornton  to 
the  resolution  offered  on  yesterday  by  Mr.  Bond. 

Mr.  Moffett  moved  to  amend  the  proposed  substitute  by  adding  thereto 
the  following: 

"Provided,  That  such  provision  shall  be  left  to  the  people  to  vote  on 
separately,  and  not  endanger  the  other  portions  of  the  constitution. 

Mr.  Powers  moved  the  indefinite  postponement  of  the  whole  subject. 

Mr.  Vance  moved  the  previous  question. 

Mr.  Witt  moved  that  the  whole  subject  be  laid  on  the  table. 

Mr.  Singleton  moved  that  the  convention  adjourn  until  to-morrow 
morning  at  9  o'clock. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  then  taken,  by  yeas  and  nays,  on  laying  the  whole 
subject  on  the  table, 

And  decided  in  the  affirmative, 


Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Cloud                                  Mr.  Edwards  of  Madison 

Anderson  Church  Edwards  of  Sangamon 

Armstrong  Churchill  Eccles 

Blair  Dale  Frick 

Ballingall  Davis  of  McLean  Graham 

Brown  Dawson  Green  of  Tazewell 

Canady  Deitz  Gregg 

Carter  Dumraer  Grimshaw 

Choate  Dunlap  Harding 

Cross  of  Winnebago  Dunn  Harlan 


Jane  20.] 


JOURNAL  OF  THE  CONVENTION. 


95 


Harper 

Harvey 

Hatch 

Haw  ley 

Hay 

Henderson 

Hill 

Hurlbut] 

Huston 

Jackson 

Jones 

Knapp  of  Jersey 

Knapp  of  Scott 

Ken  tier 

Kinney  of  Bureau 

Kitchell 

Knowlton 


Mr.  Lander 
Laughlin 
Logan 
McClure 
McHatton 
Marshall  of  Coles 
Marshall  of  Mason 
Mason 
Miller 
Minshall 
Moore 
Nichols 
Norton 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Pratt 
Pinckney 


Mr.  Powers 
Stadden 
Swan 
Sharpe 
Spencer 
Servant 
Sibley 

Snaith  of  Macon 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Wead 
Webber 
Williams 
Worcester. 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Atherton 
Blakely 
Brockraan 
Bo/id 
Bunsen 
Grain 

Campbell  of  McDonough 
F.  S.  Casey 
Z.  Casey 
Constable 

Davis  of  Montgomery 
Davis  of  Massac 
Edmonson 
Evey 
Geddes 
Haw  ley 
Hayes  *^ 

On  motion  of  Mr.  Logan, 

Resolved,  That  Mrs.  Brown  and  daughters  be  permitted  to  use  the 
senate  chamber,  on  Saturday  evening  next,  for  the  purpose  of  giving  a 
concert  to  the  citizens  and  strangers  in  Springfield. 

On  motion, 
The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 


Mr.  Hogue 
Hunsaker 
James 
Jenkins 

Kinney  of  St.  Clair 
Lasater 
Lemon 
Linley 
Loudon 
McCallen 
McCully 
Manly 
Mieure 
Moff'ett 
Morris 
Oliver 
Pace 
Rives 


Mr.  Robbins 
Robinson 
Roman 
Rountxee 
Scates 
Shields 
Sim 

Simpson 
Singleton 
Smith  of  Gallatin 
Shumvvay 
Thornton 
Tutt 
Vernor 
West 
Witt 

Whiteside 
Woodson. 


SATURDAY,  JUNE  26,  1S47. 

OF  THE 

_  UNI  V 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Palmer  of  Marshall. 

The  journal  of  yesterday  was  read. 

Mr.  Singleton  presented  the  following  petition  and  resolutions,  which 
he  read  in  his  place. 

"The  undersigned, /ree  citizens  of  the  state  of  Illinois,  humbly  com- 
plaining, represent,  that  the  action  of  your  honorable  body,  upon  the 
subject  of  the  introduction  ol  free  persons  of  color,  to  the  state  of  Illinois, 
is  not,  in  the  opinion  of  your  petitioners,  expressive  of  the  will,  or  promo- 


96  JOURNAL  OF  THE  CONVENTION.  {June,  £6. 

tive  of  the  interest  of  the  people  of  this  stale;  but  upon  the  contrary,  has 
stifled  their  voices,  is  calculated  to  degrade  and  debase  their  character 
abroad,  impair  their  interest,  and  lessen  their  respect  for  each  other  at 
home,  and  is,  in  effect,  an  invitation  to  a  horde  of  ruthless  vagabonds — 
the  pest  of  southern  states,  and  promised  curse  of  this — to  come  wi'hin 
our  borders,  where  they  shall  have  full  protection  and  aid  in  the  comple- 
tion of  a  subterranean  under-ground  railway,  constructed  to  despoil  our 
neighbors  of  their  property. 

"The  premises  considered,  and  inasmuch  as  your  petitioners  for  them- 
selves have  no  remedy  against  the  evils  to  which  they  are  exposed,  ex- 
cept  in  a  convention  of  the  people,  where  matters  of  this  sort  are  strictly 
cognizable,  your  petitioners,  therefore,  most  respectfully  request  that 
your  honorable  body  will  adopt  the  resolutions  hereto  annexed,  as  in 
duty  bound  your  petitioners  will  ever  pray. 

"Resolved,  That  the  introduction  of  free  persons  of  color  into  the  s'ale 
of  Illinois,  is  a  growing  evil  and  ought  to  be  prohibited. 

"Resolved,  That  a  select  committee  consisting  of be  appointed  by 

the  chair,  to  prepare  and  report  to  this  convention  a  provision  to  be  in- 
serted in  the  amended  constitution,  which  will  of  itself  confer  sufficient 
power  to  enable  the  people  of  this  state  to  protect  themselves  against  the 
evils  of  such  a  migration  or  introduction,  and  against  all  interference  by 
the  inhabitants  of  this  state  with  the  slave  property  of  our  sister  states 
and  territories,  within  the  limits  and  under  the  jurisdiction  of  the  United 
States. 

"Resolved,  That  said  provision  reported  as  aforesaid  be  submitted  to  the 
people  for  their  ratification  as  a  separate  and  distinct  provision,  and  if  a 
majority  of  all  the  votes  polled  for  the  said  constitution  be  not  against  it, 
it  shall  be  a  part  of  said  constitution. 

(Signed)  H.  J.  GRIMSLEY,  with  five  others." 

On  motion  of  Mr.  Logan, 

The  petition  and  resolutions  were  referred  to  the  committee  on  the 
Bill  of  Rights. 

Mr.  Campbell  of  Jo  Daviess  asked  to  be  excused  from  further  service 
on  the  committee  on  Education. 

After  remarks  by  many  gentlemen,  members  of  the  committee  and 
others,  all  tending  to  dissuade  Mr.  Campbell  fiom  that  desire,  and  to  con- 
tinue his  position  on  that  committee,  he  withdrew  the  application. 

Mr.  Edwards  of  Ma  lison  asked  to  be  excused  from  further  service  on 
the  committee  on  Education. 

Mr.  Churchill  made  the  same  request. 
On  motion, 

The  convention  adjourned  to  three  o'clock,  p.  M. 


THREE  O'CLOCK,  p.  M. 

The  convention  met  pursuant  to  adjournment. 

The  question  pending  at  the  adjournment  was  on  the  reqiiiet  of  Mr. 
Edwards  of  Madison,  to  be  excused  from  serving  on  the  committee  on 
Education. 


June  26.]          JOURNAL  OF  THE  CONVENTION.  97 

After  remarks  from  the  chairman  of  the  committee  and  several  gen- 
tlemen, tending  to  dissuade  him  from  that  desire, 

The  question  was  then  taken,  and  unanimously  decided  in  the  nega- 
tive. 

The  question  was  then  taken  on  excusing  Mr.  Churchill  from  further 
service  on  the  committee  on  Education,  and  unanimously  decided  in  the 
negative. 

Mr.  Z.  Casey,  from  the  committee  on  Revenue,  which  was,  by  resolu- 
tion, "instructed  to  inquire  into  the  expediency  of  fixing  a  maximum 
rate  of  taxation,"  <fcc.  reported  the  resolution  back,  and  requested  to 
be  discharged  from  the  further  consideration  thereof. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Sharpe, 

Resolved,  That  the  eleventh  section  of  the  3d  article  of  the  present  con- 
stitution be  referred  to  the  committee  on  the  Organization  of  Departments 
and  of  offices  connected  with  the  Executive  Department. 
On  motion  of  Mr.  Marshall  of  Ma^n, 

Resolved,  That  the  committee  on  the  Division  of  the  State  into  Counties 
and  their  Organization,  be  instructed  to  inquire  into  the  expediency  of  in- 
corporating into  the  revised  constitution  the  following  provision,  viz: 

The  general  assembly  shall  not  have  power  to  authorize  by  law  the  re- 
moval or  re-location  of  any  county  seat,  unless  the  particular  place  or 
point,  to  which  such  seat  of  justice  is  proposed  to  be  removed,  shall  be 
particularly  designated;  and  provided,  that  no  such  law  sh.-ill  be  in  force 
until  ratified  by  the  vote  of  a  majority  of  the  legal  voters  of  such  county, 
at  the  next  general  election  alter  the  passage  of  the  laws. 

Mr.  Servant  offered  the  following: 

Resolved^  That  the  committee  on  the  Judiciary  be  instructed  to  inquire 
into  the  expediency  of  exempting  persons,  having  conscientious  scruples^ 
from  serving  on  juries,  upon  such  terms  as  shall  be  deemed  reasonable  and 
just. 

On   motion  of  Mr.  Minshall, 

The  resolution   was  referred  to  the  committee  on  Law  Reform. 

Mr.  Vernor  offered  the  following: 

Resolved)  That  the  county  courts  of  the  several  counties  in  this  slate 
*h;ill  have  the  exclusive  right  to  cause  to  be  assessed  and  collected,  as  shall 
be  provided  by  law,  a  tax  on  sections  numbered  sixteen  in  the  several 
townships  in  this  state,  or  other  lands  which  may  have  been  selected  in 
lieu  thereof,  granted  to  the  state  of  Illinois  by  the  United  States  for  the 
use  of  schools;  said  tax  not  to  exceed  in  amount  the  tax  levicvl  on  other 
lands  of  the  same  value  for  state  and  county  purposes,  and  that  the 
amount  thus  raised  shall  be  applied  exclusively  to  the  support  of  common 
schools  in  the  several  townships  where  the  lands  are  situated:  Provided, 
that  the  above  is  not  intended  to  apply  to  any  section,  or  other  landj  in 
lieu  thereof,  which  has  not  been  sold  by  the  authority  of  this  state. 
On  motion  of  Mr.  Turn  bull. 

The  resolution  was  amended  by  inserting  after  the  word  "that,1'  in  the 
first  line,  the  words  "the  committee  on  Revenue  be  instructed  to  inquire 
into  the  expediency  of  providing  chat." 


9S  JOURNAL  OF  THE  CONVENTION.  [June  20. 

The  question  was  taken  on  adopting  the  resolution  as  amended,  and  de- 
cided in  the  affirmative. 

On  motion  of  Mr.  Campbell  of  Jo  Daviess, 

Resolved,  That   the  Executive  committee   be  requested  to  inquire    into 
the  expediency  of  inserting  in  the  constitution  a  clause  providing  for  the 
election  of  sheriffs  for term  of years,  and   making  them    ineli- 
gible for  more  than  one  term  consecutively. 
On  motion  of  Mr.  Scales, 

Resolved,  That  the  committee  on  Education  inquire  into  the  expedi- 
ency of  a  provision  requiring  the  school  commissioners  of  counties  to  col- 
lect in  the  principal  or  the  county  and  township  school  funds  and  inves- 
ting the  same  in  state  bonds. 

On  motion  of  Mr.  Thornton, 

Rcsohe.d*  That  the  committee  on  Law  Reform  be  instructed  to  inquire 
into  the  propriety  ol  making  the  following  amendment  to  the  constitu- 
tion: "That  all  laws  that  may  be  passed  by  the  legislature, and  the  judicial 
and  legislative  written  proceedings  of  this  state,  shall  be  promulgated, 
presetved  and  conducted  in  the  English  language." 
On  motion  of  Mr.  Davis  of  Montgomery, 

Leave  of  absence  was  granted  to  Mr.  Lemon  for  one  week. 
On  motion  of  Mr.   Harding, 

Resolved,  That  the  committee  on  Education  inquire  into  the  expediency 
of  providing  that, 

1  '1  he  legislature  may  provide  for  the  election  by  the  people  of  a  stale 
superintendent  of  schools,  d(  fine  his  duty  r.nd  salary. 

!2.  Officers  and  trustees,  having  the  school,  college,  or  seminary  funds, 
or  any  school  funds,  tor  investment,  may  purchase  therewith,  or  invest 
them  in,  the  bonds  of  the  state;  Provided,  that  the  legislature  may,  if 
they  deem  the  said  funds  will  thereby  be  in  danger  of  diminution  or  be 
ren'dered  unproductive,  restrict  said  investment  by  law. 

3.  The  revenue  derived  from  a  capitation  lax  shall  be  applied  to  the  pay- 
ment of  (he  interest  and  principal  ol  the  debts  now,  or  that  hereafter  shall 
become  due,  to  the  school,  college  and  seminary  fund,  and  to  any  officer  or 
corporation  in  trust  for  schools, pro  rata. 

4.  All  education  funds  shall  forever  remain  inviolate,  and  no  appropria- 
tion, or  lean  of  (hern  shall  be  made,  but  for  (heir  increase,  security,  and 
the  education  of  the  children  of  the  state. 

On  motion  of  Mr.   Davis  of  Massac, 

jRp$0/»'wf,  That  the  committee  on  the  Militia  be  instructed  to  inquire 
into  the  (Xpedienc)  of  reporting  an  amendment  to  the  constitution,  ma- 
king all  mil  lia  officers  of  this  state  elective  by  the  persons  subject  to  mili- 
tary duty,  in  the  several  divisions,  brigades,  (fee.,  and  for  limiting  the 
term  ot  service  of  militia  officers. 

On  motion  of  Mr.  Kinney  of  St.  Clair, 

•Ri.solv--'rt9  That  the  committee  on  Law  Reform  be  instructed  to  inquire 
info  he  expediency  of  reporting  a  provision  to  be  inserted  into  the  amen- 
ded constitution  to  require  the  legislature  to  provide  for  the  appointment 
and  pay  of  commissioners  to  codify  the  laws  of  this  State. 


* 


ne  23.]         JOURNAL  OF  THE  CONVENTION.  99 


On  motion  of  Mr.  Cross  of  Winnebago, 

Resolved,  That  the  committee  on  Elections  and  the  Right  of  Suffrage 
be  instructed  to  inquire  into  the  expediency  of  changing  the  time  of 
holding  elections  from  the  first  Monday  in  August  to  the  Tuesday  next 
after  the  first  Monday  in  November,  and  the  manner  of  voting  from  viva 
voce  to  ba'lot. 

Mr.  Brockman  offered  the  following: 

Resolv3d,Tl\a.l  the  committee  on  the  Legislative  Department  be  instruc- 
ted to  inquire  into  the  expediency  of  inserting  into  the  constitution  the 
following  amendments,  to  wit: 

1.  The  general  assembly  of  this  state  shall  convene,  at  the  capital,  on 
the  first  Monday  in  January,  1S4-,  and  biennially  thereafter — the  sessions 
thereof,  whether  general  or  special,  shall  not  be   for  a  longer  term    than 
sixty  days;  but  the  governor  shall  have  power  to  prolong  said  sessions,   if, 
in  his  opinion,  the  interests  of  the  people  demand  the  same. 

2.  The  senate  and  house  of  representatives  shall  have  power  to  elect  a 
public  printer,  and  each  body  shall  elect  such  other  officers  as  shall  be  ne- 
cessary for  the  speedy  transaction  of  business. 

On  motion  of  Mr.  McCallen, 
The  resolution  was  laid  on  the  table. 
Mr.  Powers  offered  the  following: 

Resolved,  That  the  committee  on  the  Judiciary  be  instructed  to  in- 
quire into  the  expediency  of  providing  in  the  new  constitution  for  the 
election  of  county  attorneys  in  each  of  the  several  counties  of  this  state, 
instead  of  the  circuit  attorneys  now  appointed  by  the  legislature. 

On  motion, 
The  convention  adjourned  until  Monday  morning. 


MONDAY,  JUNE  28,  1847. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Green  of  Tazewell. 

The  journal  of  Saturday  was  read. 

The  question  pending  at  the  adjournment  on  Saturday,  was  on  the  ad- 
option of  a  resolution  offered  by  Mr,  Powers,  just  at  the  adjournment. 

The  question  v/as  taken  on  the  adoption  of  the  resolution,  and  decided 
in  the  affirmative. 

Mr.  Ganady  offered  the  following: 

Rssolved,  That  the  committee  on  Incorporations  be  instructed  to  inquire 
into  the  propriety  of  engrafting  into  the  revised  constitution  a  clause  au- 
thorizing the  legislature  to  grant  bank  charters  when  the  best  interests  of 
the  state  may  demand  the  same. 

Mr.  Markley  moved  to  amend  the  resolution  by  striking  out  all  after 
the  word  "resolved,"  and  inserting  in  lieu  thereof  the  following: 

Resolved,  That  the  committee  on  Incorporations  be  instructed  to  report 
a  clause  in  the  constitution  prohibiting  the  legislatura  from  chartering 
any  individual,  or  individuals,  corporation  or  corporations,  from  banking  or 
in  any  manner  miking  and  putting  into  circulation  paper  money;  and  that 


100  JOURNAL  OF  THE  CONVENTION.          [June  28. 

said  clause  shall  be  voted  on  separately  at  the  same  time  with  the  consti- 
tution, and  if  a  majority  of  the  votes  cast  shall  vote  for  said  clause,  it  shall 
be  and  form  a  part  of  the  constitution. 

Resolved,  That  the  committee  on  Banks  and  Incorporations  be  instruc- 
ted to  report  an  amendment  or  clause  in  the  constitution  prohibiting  the 
legislature  from  granting  any  incorporate  powers  to  any  individual  or  indi- 
viduals, corporation  or  corporations,  for  the  purpose  of  banking,  unless  the 
same  is  first  submitted  to  the  people  to  vote  for  or  against.,  and  in  case  it 
shall  appear  that  a  majority  ot  all  the  votes  cast  are  again&t  such  incor- 
poration, then  it  shall  not  become  a  law;  Provided,  that  under  no  cir- 
cumstances shall  the  legislature  grant  any  incorporation  for  banking  pur- 
poses unless  such  act  of  incorporation  shall  be  so  worded  as  to  make  the 
individual  property  of  the  stockholders  liable  for  the  aincunt  ol  their  stock. 
On  motion  of  Mr.  McCallcn, 

The  whole  subject  was  laid  on  the  table, 

Mr.  Singleton  offered  the  following: 

Whereas  all  life  offices  are  justly  odious  to  the  people  of  this  state;  and 
whereas,  there  exists  no  difference  between  the  evils  of  a  life  office  and 
and  an  office  for  life;  therefore, 

Resolved,  That  under  the  new  constitution  all  life  offices  be  abolished, 
and  that  no  person  or  person*,  who  maybe  appointed  or  elected  under 
the  provisions  of  the  amended  constitution,  to  any  office  thereby  created 
or  authorized,  and  who  shall  enter  upon  the  duties  thereof,  or  otlieiwise 
signify  his  or  their  acceptance  of  the  same,  shall  not  be  eligible  to  any 
other  office  created  or  authorized  by  the  aforesaid  constitution  or  by  the 
general  assembly  of  this  state,  /or  and  during  the  period  ior  which  he  or 
they  were  elected  or  appointed,  and  for  the  term  of  two  years  thereafter. 
On  motion  of  Mr.  Eccles, 

The  preamble  and  resolutions  were  referred  to  the  committee  on  the 
JuJiciary  Department. 

On  motion  of  Mr.  Scates, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  for  the 
purpose  of  considering  a  resolution  offered  by  Mr.  Churchill,  on  the  l?th 
instant,  relative  to  banks  and  paper  money,  and  substitutes  therefor  of- 
fered by  Messrs.  McCallen  and  Gregg,  which  resolutions  and  substitutes 
had  been  before  referred  to  such  committee — Mr.  Edwards  of  Sangamon 
in  the  chair. 

Mr.  Scates  moved  to  strike  out  various  propositions  before  the  commit- 
tee, and  in  lieu  of  them  substitute  the  following: 

"Whereas  the  power"to  regulate  commerce  with  foreign  nations,  and 
arrong  the  several  states,  and  with  the  Indian  tribes,''  and  -Mo  coin  money, 
regulate  the  value  thereof,  and  of  foreign  com,  and  for  (he  siai>r?ard  of 
weights  and  measures,"  has  been  granted  exclusively  to  the  United  Slates. 
And  the  power  to  "coin  money,  emit  bill  of  credit,  make  ar.y  Ihing  but 
gold  and  silver  coin  a  tender  in  payment  of  debts,"  has  been  prohibited 
to  the  states;  therefore, 

u/?eso/ved,  That  the  states  ought  not  to  attempt  to  do  indirectly  what 
they  have  no  power  to  do  directly. 

"Resolved,  That  the  committee  on  Incorporations  be  instructed  to  in- 
quire into  the  expediency  of  submitting  for  the  consideration  of  the  peo- 


June  29.]  JOURNAL  OF  THE  CONVENTION.  101 

pie  at  the  p;>lU,  whether  they  wish  or  desire  to  place  a  total  prohibition 
upon  the  power  of  the  legislature,  to  attempt  to  create,  extcn  1  or  author- 
ize any  bulking  powers  or  privileges  in  this  state,  or  any  exclusive  pow- 
ers or  privileges  not  common  (o  all  the  citizens. 

Mr.  Thomas  called  for  a  division, .so  that  the  vote  might  first  be   taken 
on  striking  out. 

After  sometime  spent  in  the  consideration  of  the  matters  pending,     

On  motion  of  Mr.  Constable, 

The  committee  rose  and,  by  their  chairman,  reported  progress  therein 
and  asked  leave  to  sit  again;  such  leave  was  accordingly  granted. 
On  lootion, 

The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 

TUESDAY,  JUNE  29,  1847. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Dresser. 

The  journal  of  yesterday  was  read. 

Mr.  Hayes,  from  the  committee  on  Law  Reform,  to  which  was  refer- 
red a  resolution  providirtg  that  no  act  of  the  legislature  shall  be  in  force 
*sntil  published  arid  transmitted  to  the  several  counties,  &c  ,  reported  the 
same  back,  and  asked  to  be  discharged  from  the  further  consideration 
thereof. 

The  question  was  t.iken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

Mr.  Hayes,  from  the  same  committee,  which  was  instructed  to  inquire 
into  the  expediency  of  providing  an  article  in  the  constitution  to  prohibit 
the  general  assembly  from  amending  any  general  law  by  its  title,  &c.,  re- 
ported the  same  back,  and  asked  to  be  discharged  from  the  further  con- 
sideration thereof. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Z.  Casey, 

The  report  of  the  committee  on  Revenue,  the  report  of  the  minority 
of  the  committee  on  Revenue,  the  report  of  the  committee  on  the  Legis- 
lative Department,  and  the  report  of  the  committee  on  the  Organization 
of  the  Departments,  and  offices  connected  with  the  Executive  Depart- 
ment; which  reports  had,  respectively,  some  days  since,  been  laid  on  the 
table  and  ordered  to  be  printed,  were  taken  from  the  table  and  referred 
to  the  committtee  of  the  whole,  to  which,  some  time  since  was  referred 
the  report  of  the  committee  on  the  Executive  Department. 
On  motion  of  Mr.  Z.  Casey, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  and  re- 
sumed the  consideration  of  the  resolution  and  amendments  proposed,  &c., 
on  the  subject  of  banks  and  paper  money,  which  had  occupied  the  atten- 
tion of  the  same  committee  on  yesterday — Mr.  Edwards  of  Sangamon  in 
the  chair. 
The  question  pending  before  the  committee  being  upon  striking  out  the 


102  JOURNAL  OF  THE  CONVENTION.  [June  29. 

propositions  referred  to  it,  that  question  was  put,  and  decided  in   the  af- 
firmative. 

Mr.  Singleton  offered  the  following  as  a  substitute  for  ihe  proposition 
offered  by  Mr.  Srates: 

ik  After  the  adoption  of  this  constitution  the  state  of  Illinois  shall  not 
become,  directly  or  indiiectly,  interested  in  the  stock  of  any  bank  to  be 
created  by  the  legislature  thereof,  or  in  the  management  and  conduct  of 
said  bank  otherwise  than  by  granting  the  charter  of  the  same;  Provided, 
no  bank  charter  shall  hereafter  be  granted  by  the  legislature  of  this  state 
that  does  not  make  the  embezzlement  of  money,  by  the  officers  of  such 
bank,  felony — and  provide  for  the  punishment  of  the  same — prohibit  the 
suspension  of  specie  payment,  and  prefer  the  bill  holdcis  ol  said  bank  to 
all  other  creditors." 

And  after  some  time  spent  in  the  consideration  of  the  matters  pending, 
On  motion  of  Mr.  Geddes, 

The  committee  rose  and,  by  their  chairman,  reported  progress  therein, 
and  asked  leave  to  sit  again;  such  leave  was  accordingly  granted. 
On  motion, 

The  con\ention  adjourned  to  3  o'clock,  P.  M. 


THREE  O'CLOCK,   P.  M. 

fl  u 

$£/ 

The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Z.  Casey, 

Resohed,  That  the  convention  will  on  to-morrowr,  and  from  day  to  day 
thereafter,  resolve  itself  into  committee  cf  the  whole,  and  proceed  to  con- 
sider, until  they  shall  be  disposed  of,  reports  of  committees  and  parts  of 
the  constitution,  in  the  following  order,  viz: 

1.  The  report  of  the  committee  on  the  Legislative  Department. 

2.  The  report  of  the  committee  on  the  Executive  Department. 

3.  The  report  of  the  committee  on  the  Judiciary  Department. 

4.  The  report  of  the  committee  on  the  Bill  of  Rights;  and  then, 

5.  Miscellaneous  parts  of  the  constitution. 
On  motion  of  Mr.  Z.  Casey, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  and  re- 
sumed the  consideration  of  the  amendment  proposed  to  Mr.  Churchill's 
resolution,  and  Mr.  Singleton's  substitute  for  said  amendment,  &c.,  on  the 
subject  of  banks  and  paper  money,  which  had  occupied  the  attention  of 
the' same  committee  this  morning — Mr.  Edwards  of  Sangamon  in  the 
chair. 

The  question  pending  before  the  committee  vras  upon  agreeing  to  the 
substitute  proposed  by  Mr.  Singleton  ;  when, 

Mr.  Singleton  withdrew  his  substitute. 

Mr.  Edwards  of  Madison  offered  the  following  as  a  substitute  for^thc 
amendment  proposed  by  Mr.  Scatt-s: 

Resolved*  That  the  committee  on  Incorporations  be  instructed  to  report, 
as  an  article  in  the  contemplated  constitution,  the  following,  in  substance: 


June  20.]          JOURNAL  OF  THE  CONVENTION.  103 

ARTICLE  — . 

SECTION  1.  The  general  assembly  of  this  state  shall  not  have  power 
to  create  any  banking  institution  whatever,  established  upon  the  creditor 
resources  of  this  state,  to  be  called  a  state  bank  ;  nor  shall  the  state  at 
any  time  become  a  stockholder,  or  in  any  manner  interested  in  any  bank- 
ing institution  created  under  the  laws  of  this  state  or  of  any  other  state 
in  the  United  Spates. 

SEC.  2.  The  general  assembly  shall  have  no  power  to  pass  any  act 
granting  any  special  charter  for  banking  purposes. 

SEC.  3.  The  general  assembly  may  have  power  to  establish  corpora- 
tions or  associations  for  banking  purposes  by  a  general  law,  subject  to  the 
following  provisions  and  restrictions,  viz: 

1.  The  general  assembly  shall  have  no  power  to  enact  any  provision 
in  such  law.  sanctioning  in  any  manner3  direr.tly  or  indirectly,  the  suspen- 
sion of  specie  payments  by  any  association  or  corporation  issuing  bank 
notes  of  any  description  whatever. 

%.  The  general  assembly  shall  provide  in  said  law  for  the  registry  of 
all  bills  or  notes  issued  or  put  in  circulation  as  money,  and  shall  require 
ample  security  for  the  redemption  of  the  same  in  specie. 

3.  Stockholders    in   every  corporation  or  joint  stock   association  for 
such  purposes,  issuing  bank  notes,  or  any  kind  of  paper  credit  to  circulate 
as  money,  shall  be  individually  responsible  to  the  amount  of  their  respec- 
tive share  or  shares  of  stock  in  any  such  corporation  or  association  for  all 
its  debts  or  liabilities  of  any  kind. 

4.  In  all  case  of  the  insolvency  of  any  such  corporation  or  association, 
the  bill  holders  thereof  shall  be  entitled  to  preference  in   payment  over 
all  other  creditors  of  such  bank  or  association. 

5.  No  such  corporation  or  association  shall  issue  or  put  in  circulation 
any  bills  or  notes  thereof  until  the  stock  thereof  shall  be  fully  paid  in,  in 
specie.  v 

0.  No  such  corporation  or  association  shall  ever  be  permitted  to  issue 
bills  or  notes  ;o  exceed  three  times  the  capital  paid  in,  under  the  penalty 
of  forfeiture  of  their  privileges  under  the  said  law. 

7.  For  the  security  of  community,  under  the  operations  of  said  law, 
the  number  of  said  corporations  or  associations  shall  be  limited  to  one  in 
number  of  districts  severally  to  be  apportioned  in  said  law. 

8.  Any  embezzlement  of  the  funds  or  property  of  any  such  corpora- 
tion or  association  by  any  person  whatever  shall  be  deemed  felony,  to  be 
punished,  as  may  be  provided  by  law,  in  the  penitentiary  in  this  state. 

9.  This  article  shall  be  submitted  to  the  approval  or  rejection  of  the 
people  of  this  state,  at  the  time  of  the   submission   of  the  contemplated 
constitution,  separately,  and  should  the  same  be  rejected,  then  nil  banking 
institutions  of  any  kind  whatever  shall  be  prohibited  within  the  limits  of 
this  state. 

After  some  time  spent  in  the  consideration  of  the  matters  pending, 

On  motion  of  Mr.  Peters, 

The  committee  rose,  and,  by  their  chairman,  reported  progress  therein, 
and  asked  leave  to  sit  again;  such  leave  was  accordingly  granted. 

On  motion, 
The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 


104  JOURNAL  OF  THE  CONVENTION.  [June  30. 

WEDNESDAY,  JUNE  30,  1847. 

The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Hale. 

The  journal  of  yesterday  was  read. 

Mr.  Spencer  presented  the  petition  of  C.  L.  Bascom  and  thirty-nine 
others,  citizens  of  the  counties  of  Rock  Jsland  and  Henry,  praying  for  the 
creation  of  the  office  of  superintendent  of  public  instruction;  which,  on 
his  motion,  was  referred  to  the  committee  on  Education. 

Mr.  Archer,  from  the  committee  on  the  Organization  of  Departments, 
&c.,  to  which  was  referred  by  resolution  the  eleventh  section  of  the  3d 
article  of  the  present  constitution,  reported  the  same  back,  and  asked  to 
be  discharged  from  the  further  consideration  of  the  same. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

Mr.  Z.  Casey,  from  the  committee  on  the  Legislative  Department, 
which  was  instructed  by  resolution  to  inquire  into  ihe  propriety  of  so 
amending  the  constitution  as  to  prohibit  the  holding  of  two  or  more  lucra- 
tive offices  at  the  same  time  by  any  one  person,  reported  the  same  back, 
and  asked  to  be  discharged  from  the  further  consideration  thereof. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Bunsen, 

Resolved,  That  the  committee  on  Education  be  requested  to  inquire  into 
the  expediency  of  the  following  preamble  and  resolutions: 

Whereas  there  is  nothing  of  more  importance  to  the  prosperity  of  the 
community  than  Education;  and  whereas,  a  good  education  will  always  be 
depending  on  good  school  institution?,  the  establishing  and  maintenance 
of  which  require  a  great  deal  of  skill  and  experience  on  one  hand,  and,  if 
to  be  executed  so  as  to  answer  the  purpose,  more  exercise  and  activity 
than  one  man  is  able  to  undergo  on  the  other  hand;  theiefore, 

Resolved,  That  by  an  act  of  this  convention  the  legislature  be  authorized 
and  ordered,  as  soon  as  the  financial  situation  of  this  state  will  pf  rmit  it, 
to  provide  by  law  for  and  carry  into  effect  the  following  resolutions,  to 
wit: 

L     Resolved,  That  the   state  of  Illinois   be  divided  into school 

districts. 

2.  Resolved,  That  in  every  school  district,  and  as  near  as  possible  to 
its  centre,  a  seminary  be  established  for  the  purpose  of  teaching  and  edu- 
cating school  teachers. 

3.  Resolved,  That  each  of  these  seminaries  be  directed  and  governed 
by  a  man  of  science,  skill  and  practical  experience,  acquired    by  an  an- 
swering exercise  in  the  performance  of  the  profession  of  teaching  school; 
Providid,  however,  that  no   preacher  of  the  gospel   be  employed    in  this 
station. 

4.  Resolved,  That  this  man,  to  be  called  the  director  of  schools  for  the 
school  district  of  the  state  of  Illinois,  be  entitled  to  one  or  more  as- 
sistants, to  be  chosen  and  nominated  by  himself,  for  the  purpose  of  assist- 


June  30.]          JOURNAL  OF  THE  CONVENTION.  105 

ing  him  in  teaching  and  educating  the  scholars  of  the   respective  semina- 
ries. 

5.  Resolved,  That  the  annual  salary  of  each   of  the  said  directors  of 

schools  be  not  less  than  fifteen  hundred  dollars  and   not  more   than 

dollars,  and  the  annual  salary  of  each  of  the  said  assistants  not  less  than 
seven  hundred  and  not  more  than  dollars. 

6.  Resolved,  That  the  director  of  each  of  the  respective  school  dis- 
tricts be  the  superintendant  of  schools  for  the  school  district    in  whicfi" 
this  seminary  is  situated. 

7.  Resolved,  That  it  shall  be  the  duty  of  the   director  of  each   of  the 
respective  school  districts  to  examine  himself,  or  have  examined  by  such 
persons  as  he,  the  said    director,  may  choose  and  expressly   appoint    for 
that  purpose,  all  those   who  intend  to  keep  school  in  this  state,  and  appear 
before  him  declaring  this  to  be  their  intention  and  desiring  to  be  examin- 
ed for  that  purpose,  and  to  supply  th«'m  with  a  certificate  of  qualification. 

8.  Resolved,  That  only  such  school  teachers  who  have   been  examined 
by  one   of  the  snid   directors  of  one  of  the  said  school  districts,  and  who 
have  got  a  certificate   of  qualification  from   one  of  the  said  directors,  be 
entitled  to  derive  their  pay  out  of  the  school  fund;  and  that  such  teach- 
ers, who  have  no  such  certificate,  if  employed,  to  be  paid  by  the  employ- 
ers. 

9.  Resolved,  That  the   said    directors  of  schools  shall  have  to   meet 
(once  or  twice )  every  year  at  the  seat  of  government  for  the  purpose  of 
agreement  on  subjects   and   principles  of  education;  the  rules  for   this 
meeting  to  be  fixed  by  the  legislature. 

10.  Resolved,  That  the  said  directors  of  schools  shall  receive  one  dol- 
lar per  day  each  of  them  while  assembled  for  the  said  purpose,  but  fchall 
be  entitled  to  the  same  mileage  for  travel  as  will  be  fixed   by  this  conven- 
tion to  members  of  the  legislature. 

11.  Resolved,  That  for  the  meantime  and  until  the  financial   situation 
of  this  state  will  permit  these  resolutions  to   be   carried   into   effect,   this 
convention  provide  for  the  best  possible  means  in  favor  ot  education. 

Mr.  Knapp  of  Scott  offered  the  following: 

Whereas  the  present  organization  of  counties  comprises  too  many  dis- 
tinct departments,  too  many  officers,  and  too  high  a  rate  of  fees  to  sup- 
port such  officers;  therefore, 

1.  Resolved,  That  the  committee  on  Miscellaneous  Subjects  and  Ques- 
tions be  instructed  to  inquire  into  the  expediency  of  abolishing  the  county 
commissioners'  court  and  the  court  of  probate  justice  of  the  peace,  and 
providing,  in  the  amended  constitution,  for  establishing  in  each  county,  a 
court  composed  of  one  county  judge  and  two  associates;  the  county  judge 
to  be  elected  quadrennially  by  the  people,  to    be  paid  an  annual    salary 

out  of  the  county  treasury,  not  to  exceed dollars,  nor  be  less   than 

dollars,  and  to  range  between  these  sums  in  proportion  to  the  amount 

of  taxes  paid  in  the  county  per  annum,  including  poll  tax;  the  associates 
to  be  drawn  annually  from  the  list  of  the  justices  of  the  peace  in  the  coun- 
ty, whose  compensation  shall  be  one  dollar  per  day  while  in  session. 

2.  Said  court  to  have  jurisdiction  of  all  matters  now  under  the  control 
of  the  commissioners'  court. 

3.  Said  court  to  have  the  present  jurisdiction  of  the  probate  justice  of 


106  JOURNAL  OP  THE  CONVENTION.  [ June  30. 

the  peace,  except  ordinary  justice's  jurisdiction,  and  such  further  power 
as  may  be  given  by  Kiw  in  matters  of  probate. 

4.  Said  court  to  have  jurisdiction  in  actions  of  debt  and  assumpsit  to 
the  amount  of  §500;  in  trover,  trespass,  case,  and  replevin  to  the  amount 
of  $100;  jurisdiction  ol  misdemeanors,  arid   all  appeals  from  justices  of 
the  peace. 

5.  Said  court  to  have  a  clerk,. who  shall  be  ex  officio  recorder  of  deeds 
and  evidences  of  real  title,  whose  compensation  shall  be  fees. 

6.  Said  court  to  have  power  to  reduce  the  fees  of  county  officers,  by 
a  n-jular  per  cent.,  when  the  rate  fixed  by  the  legislature  yields  more  in- 
come to  a  particular  officer  than  is  necessary  to  afford  him  adequate  com- 
pensation. 

7.  Pleadings  in  said  court  in  civil  cases  to  be  oral. 

8.  Apprals  to  lie  to  the  circuit  court;  trials  on   appeals  to  be  de  ncvo, 
and  when  either  party  wishes  to  preserve  the  record  in  a  given  case,  de- 
clarations shall   be  tiled   in  the  circuit  court,  as   though  the  case  was  an 
original  case  in  that  court. 

9.  When  it  becomes  necessary  to  s  11   real  estate  to  carry  into  effect 
the  judgment  of  said  court,  transcripts  to  be  taken  to  the  circuit  courts  in 
pursuance  of  legal  provisions  therefor. 

11).  Said  court,  with  the  associates,  to  hold  sessions  quarterly,  the  pres- 
ident judge  to  act  vis  probate  court  during  vacations,  with  power  to  re- 
serve questions  till  the  regular  sessions,  where  the  judgment  of  the  associ- 
ates is  desired. 

The  question  was  taken  on  the  adoption  of  the  preamble  and  resolu- 
tion?, and  decided  in  the  affirmative. 

Mr.  Williams  offered  the  following: 

Resolved^  That  the  committee  on  Counties  be  instructed  to  inquire  in- 
to the  expediency  of  engrafting  the  following  clause  into  the  new  consti- 
tion : 

"  All  territory  which  has  been,  or  may  be  stricken  off,  by  legislative  en- 
actment, from  any  organized  county  or  counties,  for  the  purpose  of  form- 
ing a  new  county,  and  shall  remain  unorganized  after  the  period  enacted 
for  such  organization  to  take  place,  then  such  territory,  so  stricken  of}, 
shail  be  and  remain  a  part  and  portion  of  the  county  or  counties  from 
which  it  was  originally  taken,  for  all  put  poses  of  county  and  state  govern- 
ment, to  participate  in  all  the  immunities  thereof,  until  otherwise  provided 
by  law." 

Mr.  Singleton  moved  to  amend  the  resolution  by  striking  out  all  after 
the  word  '"place,"  and  inserting  in  lieu  thereof  the  following: 

"  Shall  be  attached  for  state  and  county  purposes  to  such  county  or 
counties  as  it  shall  be  connected  with  for  the  purpose  of  forming  an  elec- 
tion district  or  districts,  until  otherwise  provided  by  law. 

"Provided,  the  tier  of  townships  on  the  east  side  of  Highland  county 
be  attached  to  the  county  of  Brown  for  judicial  and  election  purposes." 

Mr,  Simpson  moved  to  lay  the  amendment  on  the   table. 

Mr.  Singleton  moved  to  lay  the  whole  subject  on  the  table. 

Mr.  Logan  called  for  a  division  of  the  question. 

The  question  was  then  taken  on  laying  the  amendment  on  the  table, 
and  decided  in  the  affirmative. 


June  30.]  JOURNAL  OF  THE  CONVENTION.  107 

The  question  was  then  taken  on  laying  the  resolution  on  the  table,  and 
decided  in  the  negative. 

Mr.  Flogue  moved  to  amend  the  resolution  by  adding  thereto  the  fol- 
lowing: 

"  And  that  no  county  seat  shall  be  removed  without  a  majority  of  two- 
thirds  of  all. the  qualified  voters  of  such  county." 
On  motion  of  Mr.  Thomas, 

The  amendment  was  laid  on  the  table. 

The  question  was  taken  on  the  adoption  of  the  resolution,  and  decided 
in  the  affirmative. 

On  motion  of  Mr.  Z.  Casey, 

The  committee  of  the  whole  on  the  resolution  offered  some  days  since 
by  Mr.  Churchill,  with  sundry  amendments  and  substitutes  proposed  in 
addition,  or  in  lieu  thereof,  &c.,  was  discharged  from  the  further  consid- 
eration of  the  whole  subject;  and.  the  resolution,  with  the  amendments 
and  substitutes  offered  successively  by  Messrs.  McCallen,  Gregg,  Scales, 
and  Edwards  of  Madison,  were  all  referred  to  the  committee  on  Incorpo- 
rations. 

On  motion  of  Mr.  Kitchell, 

Resolved,  That  the  committee  on  Banks  and  Corporations  be  instructed 
to  inquire  into  the  expediency  of  reporting  to  this  convention  an  article 
of  amendment  to  the  21st  section  of  article  8th  of  the  constitution,  in 
substance  as  follows,  viz: 

After  striking  out  the  whole  section,  insert  that 

SEC.  21.  There  shall  be  no  bank  or  monied  institutions  in  this  state, 
until  the  act  of  the  general  assembly  providing  therefor,  whether  the 
same  be  a  general  law  for  free  banking,  a  special  act  of  incorporation,  or 
otherwise,  shall  be  first  submitted  to  a  direct  vote  of  the  people,  and  ap- 
proved by  a  majority  of  the  qualified  voters  of  the  state  at  some  general 
election;  nor  shall  Uie  general  assembly  pass  any  general  law,  or  special 
act  lor  banking,  or  the  incorporation  of  any  monied  institution,  with- 
out expressly  providing  in  such  iaw  or  act  the  following  resolutions,  to 
wit: 

1.  The  stockholders  shall  be  liable  in  their  individual  capacity  for  all 
the  debts  of  such  company  or  corporation  to  the  amount  of  their  respec- 
tive proportions  of  their  stock  and  the  debts,  and  shall,  before  any  issues, 
pledge  and  secure  to  the  general  assembly,  as  may  be  provided  by  law, 
ample  securities  for  the  redemption  of  all  their  paper  in  specie. 

'2.  All  the  capital  stock  shall  be  first  paid  in  specie,  before  any  issues 
by  said  bank. 

3.  No  act  shall  be  passed    by  the  general  assembly  authorizing  or  le- 
galizing any  suspension  of  specie  payments. 

4.  All  bill  holders  shall  be  entitled  to  preference  of  payment  before  all 
other  creditors. 

5.  Not  more  than  three   dollars  for  one  shall  ever  be  issued,  nor  any 
bill  of  a  less  denomination  than  ten  dollars. 

6.  Any  embezzlement  of  the  funds  of  the  bank  shall  be   felony  and 
punishable  by  confinement  in  the  penitentiary,  in  surh  manner  as  may  be 
provided  by  law,  and  the  general  assembly  shall  provide    by  law   for  the 
punishment  of  all   persons  who  may  be  in   anywise  connected  with  the 


108  JOURNAL  OF  THE  CONVENTION.         [June  30. 

management  of  the  bank,  for  any  dishonesty  or  swindling,  either  to  indi- 
viduals or  the  public, 

7.  Any  violation  of  the  terms  and  provisions  of  such  law  or  charter 
shall  be  a  forfeiture,  and  the  company  or  corporation  shall  be  liable  to  im- 
mediate prosecution  therefor  by  any  person,  and  before  any  court  of  com- 
petent jurisdiction,  in  such  manner  as  may  be  provided  by  law. 

8.  No  bank  bills  or  bank  issues  of  any   kind  shall  ever  be  treated  or 
regarded  as  money,  or  of  any  higher  dignity  or  value  than  the  mere  lia- 
bility of  the  company  or  corporation  issuing   them,   nor  shall  any   such 
bank  bill,  or  other  issues  of  banks,  ever  be  receivable  in   the  payment  of 
of  any  state  or  county  taxes,  dues,  or  demands,  nor  in  payment  of  dues 
or  demands  to  the  school   fund. 

SEC.  22.  The  foregoing  section  21  shall  be  submitted  to  the  people  as 
a  separate  article  of  amendment  to  the  constitution,  and  if  the  same  shall 
not  be  ratified  and  approved  by  a  majority  of  the  qualified  voters  thereon, 
then  the  general  assembly  shall  have  no  power  whatever  to  create  or  re- 
new any  banks  or  monied  institutions  in  this  state,  or  to  exercise  any 
other  powers  authorizing  or  permitting  banking  in  this  state. 
On  motion  of  Mr.  Archer, 

Resolved,  That  the  committee  on  Banks  and  Corporations  be  instructed 
to  inquire  into  the  expediency  of  so  amending  the  constitution,  upon  the 
subject  of  banks,  as  to  submit,  separately  and  apart  from  the  constitution, 
to  the  people  at  the  same  election  held  for  the  adoption  or  rejection  of 
the  new  constitution,  two  distinct  propositions;  the  one  providing  for  the 
entire  prohibition  of  all  banks  of  every  name  and  description  whatever  in 
this  state,  and  the  other  for  the  incorporation  of  banks  thereafter  to  be 
created  by  the  legislature  of  this  state;  the  charter  creating  such  bank  or 
banks  to  be  submitted  to  the  people  at  the  next  general  election  held  after 
the  passage  of  such  charter,  and  if  a  majority  of  all  the  votes  cast  at 
said  first  election  shall  be  in  favor  of  the  clause  prohibiting  all  banks,  such 
clause  shall  become  incorporated  into  and  form  a  part  of  the  new  consti- 
tution, and  if  a  majority  of  all  the  votes  cast  at  said  election  shall  be  in 
favor  of  the  incorporation  of  a  bank  or  banks,  the  next  legislature  may 
proceed  to  incorporate  the  same  ;  the  charter  or  charters  of  incorporation 
to  be  again  submitted  to  the  people  at  the  next  general  election,  arid  not 
to  take  effect  until  said  charter  shall  have  been  submitted  to  and  receive 
a  majority  of  all  the  votes  cast  at  said  election. 

Mr.  Thomas  offered  the  following: 

Resolved,  That  in  acting  upon  propositions  to  amend,  revise,  or  alter  the 
constitution,  the  following  older  of  proceeding  shall  be  adopted,  viz: 

1.  The  reports  of  committees  proposing  alterations  or  amendments 
shall  be  referred  to  the  same  committee  of  the  whole,  to   be  acted  on  as 
heretofore  ordered. 

2.  The  committee  of  the  whole  shall  not  be  discharged  from  the  con- 
sideration of  said  reports  until  the  whole  shall  have  been  acted  on. 

3.  When  said  committee  shall  have  acted  upon  all  of  the  propositions 
referred,  the  action  shall  be  reported  to  the  convention,  and  when  so  re- 
ported, if  no  amendments  are  proposed,  the  question  shall  be — «  Shall  the 
report  of  the  committee  be  adopted?"  or  if  amendments  arc  proposed,  the 
questions  shall  be  first  taken  upon  such  amendments,  and  if  any  are  adopt- 


June  30.]  JOURNAL  OF  THE  CONVENTION.  109 

cd  the  question  shall  be  upon  the  adoption  of  the  report  as  amended,  if 
decided  in  the  affirmative,  the  said  report  shall  then  be  ordered  to  be  en- 
grossed, under  the  direction  of  the  committee  of  the  Revision  and  Adjust- 
ment of  the  Articles  of  the  Constitution. 

4.  When  the  said  reports  shall  be  revised  and  adjusted   by  said  com- 
mittee it  shall  be  reported  to  the  house,  and  the  same  shall  then  be  laid  on 
the  table  and  printed  for  the  use  of  the  members. 

5.  When  the  said  report  is  printed  it  shall  be  taken  up  in  the  conven- 
tion and  read  by  sections,  and  amendments  proposed  shall  be  acted  on  in 
the  order  of  being  proposed. 

7.  When  all  proposed  amendments  are  acted  upon  the  questions  shall 
then  be — "Shall  the  said  reports  be  enrolled  as  the  constitution  of  the  state 
of  Illinois?"  if  decided  in  the  affirmative,  the  said  report  shall  be  enrolled 
by  the  secretary  of  the  convention,  under  the  direction  of  the  committee 
of  Revision  and  Adjustment. 

8.  When  the  said  report  shall  be  enrolled  as  aforesaid,  it  shall  be  re- 
ported to  the  convention,  arid  again  read  over  by  sections,  and  the  ques- 
tion shall  be  upon  the  adoption  of  the  constitution;  if  decided  in  the  affir- 
mative, the  said  report  shall  then  be  signed,  first  by  the  president,  next  by 
the  members  present,  and  then  attested  by  the  secretary;  after  which  the 
said  constitution  shall,  in  the  presence  of  the  convention,  be  delivered  by 
the  president  to  the  secretary  of  the  state  of  Illinois,  for  publication  and 
preservation  among  the  archives  of  the  State. 

On  motion  of  Mr.  Thomas, 
The  resolution  was  hid  on  the  table. 

On  motion  of  Mr.  Z.  Casey, 

The  convention  resolved  itself  into  a  committee  of  the  whole  for  the 
purpose  of  considering  the  repoits  of  the  committee  on  the  Legislative 
Department,  &c.,  which  had  been  before  referred  to  such  committee — 
Mr.  Woodson  in  the  chair;  when  the  committee  proceeded  to  consider 
the  report  on  the  legislative  department. 

Mr.  Caldwell  moved  to  amend  the  first  section  by  striking  out  the  words 
"senate  and  "  and  the  word  "  both  "  in  the  second  lino. 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  Shurnway  moved  to  amend  the  second  section  by  striking  out  the 
word  "two"  in  the  third   line,  and  inserting  in   lieu   thereof  the   word 
"  three.0 

Mr.  Thomas  called  for  a  division,  so  as  to  take  the  question  first  on 
striking  out  the  word  **  two.*' 

On  motion  of  Mr.  Shumway, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again; 
leave  was  accordingly  granted. 

On  motion  of  Mr.  Edwards  of  Madison, 

Laave  of  absence  was  granted  to  Mr.  Constable  for  ten  days,  in  conse- 
quence of  sickness  in  his  family. 

On  morion  of  Mr.  Edmonson, 

He  was  excused  from  further  service  on  the  committee  on  Incorpora- 
tions. 

On  motion  of  Mr.  Logan, 
Leave  of  absence  was  granted  Mr.  Eccles  for  six  days. 


110  JOURNAL  OF  TIILCOftVENTION.  [July  1. 

On  motion  of  Mr.  Harvey, 
Leave  of  absence  was  granted  Mr.  Edmonson  for  ten  days. 

On  motion  of  Mr.  Campbell  of  Jo  Davics?, 
Leave  of  absence  Mas  granted  Mr.  Archer  for  one  week. 

On  motion  of  Mr.  Archer, 
Leave  of   absence  was  granted  Mr.  Dunn  for  one  week. 

On  motion  of  Mr.  Z.  Casey, 
Leave  of  absence  was  granted  Mr.  Dement  for  eight  days. 

On  motion  of  Mr.  Woodson, 

Leave  of  absence  was  granted  Mr.  Witt  for  one  week. 
Mr.  Scates  forwarded  to  the  chair  an  invitation  from   a  committee  of 
the  Sabbath  convention,  now  in  session  in  this  city,  requesting  the  consti- 
tutional convention  to  attend  its  session  this  afternoon  ;  which  was  read. 

The  president  announced  an  invitation  from  a  committee  of  the  citi- 
zens of  Sangamon,  inviting  him,  and  the  body  over  which  he  presides,  to 
attend  and  partake  of  a  barbecue,  which  the  citizens  of  Sangamon  pro- 
pose to  give  to  the  officers  and  soldiers  of  the  4th  regiment  of  Illinois  vol- 
unteers, at  Springlield,on  the  third  day  of  July. 

On  motion  of  Mr.  Servant, 
The  invitations  were  accepted. 

On  motion, 
The  convention  adjourned  to  9  o'clock,  to-morrow  morning. 

THURSDAY,  JULY  1,  1847. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Barger. 

The  journal  of  yesterday  was  read. 

Mr.  Hoes  presented  the  petition  of  Charles  A.   Fellows,  and  thirty-six 

others,  citizens  of  Livingston  county,  praying  for  the  creation  of  the  office 

of  superintendent  of  public  instruction.    On  his  motion,  the  reading  was 

dispensed  with,  and  the  petition  referred  to  the  committee  on  Education. 

On  motion  of  Mr.  Manly, 

The  petition  presented  by  him,  on  the  llth  ult.,  on  sundry  subjects,  was 
taken  from  the  table,  the  reading  dispensed  with,  and  the  petition  refer- 
red to  the  committee  on  Law  Reform. 

Mr.  Whiteside,  from  the  committee  on  the  Militia  and  Military  Affairs, 
reported  that  the  committee  had  had  under  consideration  the  5th  article 
of  the  constitution,  and  had  directed  him  to  recommend  the  adoption  of 
said  article  in  the  revised  constitution,  without  amendment. 
On  motion  of  Mr.  Whiteside, 

The  3d  article  of  the  constitution  was  referred  to  the  committee  of  the 
whole. 

Mr.  Thomas,  from  the  committee  on  Revenue,  to  which  was  referred 
a  resolution  proriding  that  the  county  courts  shall  have  the  "  exclusive 
rkht  to  cause  to  be  assessed  and  collected,  as  shall  be  provided  by  law,  a 
tax  on  sections  numbered  sixteen,"  &c.,  reported  the  same  back,  and  ask- 
ed to  be  discharged  from  the  further  consideration  thereof. 


July  1.]  JOURNAL  OF  THE  CONVENTION.  Ill 

The  question  was  taken,  on  discharging  the  committee,  and  decided 
in  the  affirmative. 

Mr.  Hayes,  from  the  committee  on  Law  Reform,  which  was  instructed 
b»  resolution  "  to  inquire  into  the  expediency  of  exempting  persons  having 
conscientious  scruples  from  serving  on  juries,"  &c..  reported  the  same 
back,  and  asked  to  be  discharged  from  the  further  consideration  thereof. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

On  motion  of  Mr.  Kitchell, 

Leave  of  absence  was  granted  to  Mr.  Tutt  for  seven  days. 

Mr.  Campbell  of  Jo  Daviess  gave  notice  that  on  one  week  from  next 
Monday,  he  intended  to  offer  a  resolution  for  the  consideration  of  the 
convention,  which  he  read  in  his  place,  in  relation  to  banks. 

Mr.  Knowlton  offered  the  following: 

Resohed,  That  the  committee  on  Elections  and  the  Right  of  Suffrage 
inquire  into  the  expediency  of  so  amending  the  constitution  as  to  require 
for  a  qualification  to  the  election  of  county  officers,  that  every  person  vot- 
ing for  county  officers  shall  have  resided  in  the  county  where  he  shall  vote 
three  months  next  preceding  the  election  for  such  county  officers. 

Mr.  Singleton  moved  to  amend  the  resolution  by  striking  out  the  word 
<;  three,"  and  inserting  in  lieu  thereof  the  word  *'  twelve." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  negative. 

The  question  was  taken  on  the  adoption  of  the  resolution,  and  decided 
in  the  affirmative. 

Mr.  Hawley  offered  the  following: 

Whereas  humanity  and  philanthropy  should  ever  characterize  state 
governments;  and  whereas,  we  have  among  us  in  this  state  the  lunatic, 
the  deaf  and  dumb,  and  the  blind,  proper  subjects  for  the  exercise  of  hu- 
mane" principles;  therefore, 

Resolved,  That  this  subject  be  referred  to  a  special  rsmmittce,  whose 
duly  it  shall  be  to  inquire  into  the  expediency  of  making  some  constitu- 
tional provision  authorizing  the  legislature  to  provide  means  for  the  ameli- 
oration of  this  unfortunate  portion  of  community. 

Mr.  Harding  moved  to  amend  the  first  resolution  by  inserting  after  the 
word  '4  blind  "  the  words  4*  and   black." 
On  motion  of  Mr.  Thomas, 

The  amendment  was  hid  on  the  fable. 

Mr.  Scales  moved  to  insert  after  the  word  "blind,"  in  the  first  resolu- 
tion, the  words  "and  insane." 

On  motion  of  Mr.  Adams, 

The  whole  subject  was  laid  on  the  table. 

Mr.  Wead  offered  the  following: 

Resolved,  That  the  committee  on    Miscellaneous  Subjects   and    Ques- 
tions, inquire  into  the  expediency  of  providing  in  the  new  constitution  for 
fixing  the  seat  of  government  permanently  at  Peoria. 
On  motion  of  Mr.  Adams, 

The  resolution  was  laid  on  the  table. 

On  motion  of  Mr.  Davis  of  iMontgomcry, 

Resolved,  That  the  committee  on  Banks  and  Incorporations,  inquire  in- 


112  JOURNAL  OF  THE  CONVENTION.  \July  1. 

to  the  expediency  of  so  amending  the  constitution  as  to  forever  prevent 
the  state  from  chartering  a  hank  in  which  she  shall  be,  either  directly  or 
indirectly,  concerned  as  stockholder  or  proprietor. 

On  motion  of  Mr.  Hogue, 

The  convention  again  resolved  itself  into  a  committee  of  the  whole  on 
the  report  of  the  committee  on  the  Legislative  Department,  which  was 
under  consideration  yesterday — Mr.  Woodson  in  the  chair. 

The  question  pending  before  the  same  committee,  at  its  rising  on  yes- 
terday, was  upon  striking  out  the  word  "two,"  in  the  second  section; 
which  question  was  taken,  and  decided  in  the  negative. 

Mr.  Armstrong  moved  to  strike  out  the  word  k<  October,"  in  the  second 
and  third  lines  of  the  second  section,  and  insert  in  lieu  thereof  the  word 
"  November." 

Mr.  Robbins  called  for  a  division  of  the  question. 
The  question  was  taken  on  striking  out  the  word  "  October,"  and  deci- 
ded in  the  affirmative. 

The  question  was  taken  on  inserting  the  word  "  November,"  and  de- 
cided in  the  affirmative. 

Air.  Rountree  moved  to  add  after  the  word  "  eight,"  in  the  second  line 
of  the  second  section,  and  at  the  end  of  the  second  section,  the  words 
'*  and  continue  two  days." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  negative. 

Mr.  Sharpe  moved  to  strike  out  the  word  (C  eight,"  in  the  second  line  of 
the  second  section,  and  insert  in  lieu  thereof  the  word  "nine." 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  Robbins  moved  to  amend  the  second  section  by  inserting  after  the 
word  "  therein,"  in  the  fourth  line,  the  words  "and   for  such  length  of 
time." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided 
in  t'ie  negative. 

Mr,  Marshall  of  Mason  moved  to  amend  the  third  section  by  striking 
out.  in  the  second  line,  after  the  word  "States,"  the  words  "and  an  inhab- 
itant of  this  state." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided 
in  t'ie  negative. 

Mr.  Campbell  of  Jo  Paviess  moved  to  amend  the  third  section  by  strik- 
ing out  the  word  "five,"  in  the  first  line,  and  inserting  in  lieu  thereof  the 
word  "  one." 

The  question  was  taken  on  agreeing  to  the  amendment,  arid  decided  in 
the  negative. 

Mr.  Singleton  moved  to  amend  the  third  section  by  inserting  after  the 
word  "resided,"  ia  the  third  line,  the  words  "five  years  in  the  slate, 
and." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  ia 
the  negative. 

Mr.  Uawson  moved  to  amend  the  fourth  section  by  striking  out  the 
word  '•  thirty,"  in  the  first  line,  and  inserting  in  lieu  thereof  the  word 
"forty." 

Mr.  Whitney  called  for  a  division  of  the  question. 


July  1.]  JOURNAL  OF  THE  CONVENTION.  113 

The  question  was  then  taken  on  sinking  out  the  word  "  thirty ,"  and 
decided  in  the  negative. 

On  motion  of  Mr.  Shumway, 

The  fourth  section  was  amended  by  inserting  after  the  word    "states," 
in  the  second  line,  the  words  *•  and  an  inhabitant  of  this  state. 
On  motion  of  Mr.  Singleton, 

The  fourth  section  was  further  amended  by  inserting  i.fter  the  word 
"  resided,"  in  the  second  line,  the  words  "five  years  in  the  state,  and.^ 

Mr.  Hay  moved  to  amend  the  fourth  section  by  inserting:  after  the  word 
"thirty,"  in  the  first  line,  the  word  "five." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  negative. 

Mr.  Singleton  moved  to  reconsider  the  vote  taken  on  his  motion  to 
amend  the  third  section;  which  motion  lies  over  one  day  under  the  rules. 

Mr.  Harvey  moved  to  amend  the  sixth  section  by  striking  out  the  words 
"never  to  be  increased  nor  diminished,"  in  the  second  line. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 
;  Mr.  McCallen  moved   to  amend  the  sixth  section   by  striking  out  the 
word  "five,"  in  the  first  line. 

The  question  was  taken  and  decided  in  the  negative. 

Mr,  Hrgue  moved  to  amend  the  sixth  section  by  striking  out  the  word 
"five,"  in  the  second  line. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Harding  moved  to  amend  the  sixth  section  by  striking  out  the  words 
'•seventy-five  members,  never  to  be  increased  nor  diminished,''  in  the  se- 
cond line,  and  insert  in  lieu  thereof  the  words  **  one  member  from  each 
county." 

On  motion  of  Mr.  Geddes, 

The  committee  rose,  reported  progress,  and  asked  leave   to  sit  again; 
leave  was  accordingly  granted. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 

THREE  O'CLOCK,  P.  M. 

0 

The  convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Z.  Casey, 

The  convpnii  n  resolved  itself  into  a  committee  of  the  whole,  again  to 
consider  the  report  of  the  committee  on  the  Legislative  Department — 
M«*.  Woodson  in  the  chair. 

The  question  pending  before  the  committee  when  it  rose,  was  on  the 
motion  made  by  Mr.  Harding  tins  morning,  proposing  to  strike  out  the 
words  "seventy-five  rpembers"  &c.,  in  tne  second  line  of  the  sixth  sec- 
tion. 

Me.  Hay  moved  to  postpone  the  further  consideration  of  the  sixth  see- 
tion  for  the  present. 

The  question  was  taken,  and  decided  in  the  negative. 

jd 


114  JOURNAL  OF  THE  CONVENTION.  [July  \. 

The  question  was  then  taken  on  Mr.  Uarding's  motion,  and  decided  in 
the  negative. 

Mr.  Harvey  moved  to  amend  the  same  section  by  inserting  after  the 
word  "  representatives/'  in  the  fourth  line,  the  words  '*  by  the  legisla- 
ture." 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  negative. 

Mr.  Church  moved  to  amend  the  same  section  by  inserting  after  the 
word  '-diminished,"  in  the  second  line,  the  words  '•  until  the  year  i860." 

Mr.  Hill  moved  to  amend  the  amendment  proposed  by  Mr.  Church,  as 
follows: 

Strike  out  the  words  "never  to  be  increased  nor  diminished/'  and  in- 
sert in  lieu  thereof  the  following: 

"Not  to  be  increased  nor  diminished  until  the  year  1850,  at  which  time 
the  Ugislature  shall  have  power  to  add  one  member  to  the  house  of  repre- 
sentatives, for  every  addition  to  the  present  population  of  ten  thousand, 
and  one  senator  for  every  increase  of  thirty  thousand,  until  the  year  I860, 
alter  which  one  member  may  be  added  to  the  house  of  repres*  ntatives 
for  every  twenty  thousand  additional  population,  and  one  senator  for  eve- 
ry sixty  thousand." 

The  question  was  taken  on  agreeing  to  the  substitute,  and  decided  in 
the  negative. 

Mr.  Kinney  of  Bureau  moved  to  amend  the  amendment  proposed  by 
Mr.  Church,  by  inserting  after  the  word  "  diminished,"  in  the  second  line, 
the  words,  "until  after  the  year  I8ti0,  nor  until  the  punctual  pax  men t.  of 
the  annual  interest  of  the  state  debt  shall  have  been  fully  provided  for — 
nor  at  any  time  thereafter  shall  the  number  of  members  exceed  thirty- 
three  in  the  senatf  and  one  hundred  in  the  house  of  representatives." 

The  question  was  taken  on  agreeing  to  the  substitute,  and  decided  in 
the  negative. 

Mr.  Palmer  of  Ma  coup  in  moved  to  amend  the  amendment  proposed  by 
Mr.  Church,  by  inserting  after  the  word  "diminished/'  in  the  se<  ond  line, 
the  words  "  until  the  population  of  this  state  shall  exceed  one  million  of 
souls,  and  may  then  be  increased  to  one  hundred  members  in  the  house 
of  representatives." 

The  question  was  taken  on  agreeing  to  the  proposed  substitute,  and  de- 
cided in  the  affirmative. 

On  motion  of  Mr.  Servant, 

The  amendment,  as  amend*  d,  was  fuither  amended  by  striking  out  the 
word  c>  on^ ,"  and  inserting  the  word  "two"  in  lieu  thercoi. 

Mr.  Thomas  moved  to  amend  the  amended  amendment,  by  addinglhere- 
to  tbe  folloxvirig: 

<•  But  such  increase  shall  not  exceed  five  at  any  apportionment  which 
may  be  made.0 

The  question  xvas  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Laughlin  moved  the  following  as  a  substitute  for  the  amended 
amendment: 

"  Until  after  the  y^ar  ISfiO,  wh^n  the  legislature  may  increase  the  num- 
ber of  representatives  to  one  hundred." 


July   1.] 


JOURNAL  OF  THE  CONVENTION. 


115 


The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Deitz  moved  the  following  as  a  substitute  for  the  amended  amend- 
ment: 

"  Un1il  the  population  of  the  state  shall  amount  to  one  million  of  souls, 
when  five  members  may  be  added  to  the  house,  and  five  additional  mem- 
bers iorevery  five  hundred  thousand  inhabitants  thereafter,  until  the  whole 
number  of  representatives  shall  amount  to  one  hundred,  after  which  the 
number  shall  neither  be  increased  nor  diminished. 

Mr.  Singleton  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken  on  agreeing  to  the  substitute,  and  decided  in 
the  affirmative. 

The  question  was  then  taken  on  agreeing  to  the  amendment  as  amen- 
ded, and  decided  in  the  affirmative. 
On  motion  of  Mr.  Whitney, 

The  convention  rose,  reported  progress,  and  asked  leave  to  sit  again; 
ieavewas  accordingly  granted. 

On  motion  of  Mr.  Sharpe, 

Leave  of  absence  was  granted  to  Mr.  Choate  for  six  days. 
On  motion  of  Mr.  Singleton, 

Leave  of  absence  was  granted  'o  Mrl  Marshall  of  Mason  for  five  days. 

Mr.  Ca  npbell  of  McDonough  offered  the  following: 

Resolved,  That  no  member  of  this  convention  shall  receive  his  per  diem 
pay  lor  time  not  given  by  him  in  this  convention,  except  in  cases  ot  sick- 
ness. 

Mr.  Ballingall  moved  to  amend  the  resolution  by  adding  the  word  "  here- 
after" after  the  word  »*them.'5 

Mr.  Scutes  moved  to  lay  the  resolution  and  amendment  on  the  table, 
and  the  vote  being  Caken  by  yeas  and  nays, 


It  was  decided  in  the  negative, 


Nays, 


48 
80 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Anderson 

Armstrong 

Blair 

Blakeiy 

Ballingall 

Bosbyshell 

Butler 

Canady 

Carter 

Cloud 

Davis  of  Montgomery 

Davis  of  McLean 

Dawson 

D'uniner 

Dunlap 


Mr.  Duns  in  ore 

Kd wards  of  Madison 

Geddes 

Green  of  Tazewell 

Hatch 

Haw  ley 

Henderson 

Hoes 

Holmes 

Hurlbut 

Jackson 

James 

Jones 

Knapp  of  Jersey 

Landfr 

McClure 


Mr.  Manly 

Marshall  of  Col«s 
Marshall  of  Mason 


Mieure 

Miller 

Minshall 

Moore 

Pace 

Pinckney 

Scates 

Sharpe 

Servant 

S'ngleton 

Smith  of  Gallatin 

Vance 

Webtor. 


116 


JOURNAL  OF  THE  CONVENTION. 


[July  2 


Those  voting  in  the  negative,  are, 


Mr.  Adams 

Mr.  JucIJ 

Mr.  Rives 

Allen 

Kieider 

Kobbins 

Atherton 

Kemier 

HobiiiSOii 

truckman 

Kinney  of  Bureau 

Roman 

Bunseu 

Kinney  of  bl.  Glair 

liountree 

Grain 

Xitcheli 

Stadden 

Campbell  of  McDonongh 

Knowlton 

Swan 

F.  S.  Casey 

Knox 

Shields 

Z.  Case 

Lasater 

Spencer 

Cross  of  Woodford 

Langhlin 

feibley 

Church 

Le:non 

Sim 

Dale 

Lock  wood 

Simpson 

Ueitz 

Logan 

Shumuay 

Evey 

JVleCallen 

Thomas 

Frick 

Mi-Cully 

1  hointon 

GKahai» 

McHatton 

Trower 

Harding 

!M  ark  ley 

Turnbull 

Harlati 

Mason 

Turner 

Harper 

Matheny 

luiile 

Harvey 

JV.pffeU 

Veinor 

Hay 

Moiris 

West 

Haves 

JNorthcott 

Williams 

Bill 

Norton 

White^de 

Hogoe 

Oliver 

Whitney 

Hunsaker 

Palmer  of  Macoupin 

Wood  son 

Huston 

Palmer  of  Marshall 

Worcester. 

Jenkins 

Peters 

On  motion, 
The  convention  adjourned  to  to-morrow  morning  at  nine  o'clock 


FRIDAY,  JULY  2,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Builey. 

The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  Scates, 

Leave  of  absence  was  granted  Mr.  Canady  for  eight  days,  in  cons 
quence  of  sickness  in  his  family. 

On  motion  of  Mr.  Knowlton, 

Leave  of  absence  was  jiran*cd  to  Mr.  Lander   for  four  day?,  in- cons* 
quence  of  sickness  in  his  family. 
On  motion  of  Mr.  Allen, 

Leave  of  absence  was  gran'cd  to  Mr.  Pare  for  one  weelc. 

The  question  pending  when  the  convention  adjourned  on  vpsferdn 
was  on  inserting  the  word  '•lu-rrafti  r "'  niter  the  word  "  «hpm."in  n  res' 
lution  offe.ed  by  Mr.  Campbell  of  McDonough,  in  relation  to  the  p 
diem  of  absentees. 

JMr.  Billing  ill  withdrew  (he  nmendment. 

Mr.  Geddes  moved  to  amend  the  resolution  by  striking?  out  all  after  ti 
word  "resolved,"  and  inspMin^r  in  lieu  thereof  the  follnwii.o: 

•*Thntxit  is  unm-t  to  pay  any  person  for  hr-or  hc>  dors  not  perform,  h 
as  many  have  got  leave  of  absence  heretofore  under  the  iujprtjs.sion 


July  2. 


JOURNAL  OF  THE  CONVENTION. 


117 


Drawing  pny,  let  all  lie  treated  with   equity;  jPrcvifMf  howmer,  that  for 
the  future  no  member  of  this  convention  shall   yet   leave  of  absence,  ex- 
cept in  case^of  sickness  of  themselves  or  families." 
On  motion  of  Mr  Thomas, 

The  substitute  was  laid  on  the  table. 

There  being  no  quorum  present, 
On  motion  of  Mr.  Z.  Cas<-y, 

A  call  of  the  convention  was  ordered. 

The  call  having  been  proceeded  in  for  some  time,  and  a  quorum  ap— 
pear  ing, 

On  motion  of  Mr.  Z.  Casey, 

The  call  was  dispensed  with. 

Mr.  Butler  moved  to  amend  the  resolution  by  striking  out  all  after  the 
word  **  resolved,"  and  inserting  in  lieu  thereof  the  following: 

"That  each  member  of  this  convention  yive  in  the  number  of  day*  of 
?his  attendance  upon  honor,  including  the  number'of  days  he  has  been  ab- 
sent by  leave  or  on  account  of  sickness,  and  those  he  has  actually  atten- 
ded in  this  convention,  and  the  same  be  certified  by  the  president." 

Mr.  Campbell  of  MrDonou^h  accepted  the  proposed  substitute  as  a 
modification  of  the  original  resolution. 

Mr.  Shigleton  moved  to  amend  the  modified  resolution  by  striking  out 
all  after  the  word  'resolved,"  and  insert  in  lieu  thereof  the  following: 

''That  each  member  give  in  the  number  of  days  for  which  he  is  entitled 
to  pay,  and  the  president  certify  the  same."" 

Mr.  Whitney  moved  to  lay  the  whole  subject  on  the  table;  which  was 
taken  byyea.sand  nays, 

Yeas  59 


And  decided  in  the  negative,  j  TV/', 7 
Those  voting  in  the  affirmative,  are. 


-0 


Mr.  Akin 

Mr.  Farwell 

Anderson 

Graham 

Armstrong 

Geddes 

Blair 

Green  of  Jo  Daviess 

B'tllino'all 

Hatch 

Boshysliell 

Hawley 

Grain 

Henderson 

Canady 

Hoes 

C.ildw'ell 

Holmes 

Campbell  of  Jo  Daviess 

Hurlbut 

Carter 

Jackson 

Cro>s  of  Winnebago 

James 

Cloud 

Jon^s 

Church 

Kinney  of  Bureau 

Churchill 

Knowlton 

Dawson 

Lnughlin 

Dumrner 

Lemon 

Dunlap 

McClure 

Dunsmore 

Marshall  of  Coles 

Edwards  of  Madison 

Mieure 

Mr.  Miller 
Minshall 
Moore 
Northcott 

Painter  of  Macoupia 
Peters 
Pinckney 
Robinson 
Scales 
Stadden 
Swan 
Sharps 
Servant 
Singleton 
Smith  of  Macoa 
Thomas 
Vance 
Webber 
Whitney. 


118 


JOURNAL  OF  THE  CONVENTION. 


[July  2, 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Alien 
Atherton 
Blakely 
5  rock  man 
Bunsen 
Butler 

Campbell  of  McDonough 
F.  S.  Casey 
Z.  Casey 

Davis  of  Montgomery 
Davis  of  Massac 
Deitz 

Edwards  of  Sangamon 
Ivey 
Frick 
Harding 
Harlan 
Harper 
Harvey 
Hay 
Hayes 
Hill 
Hogue 


Mr.  Hunsaker 
Huston 
Jenkins 
Judd 
Kieider 
Keimer 

Kinney  of  St.  Clair 
Knox 
Lasater 
Linley 
Lockwood 


McCallen 

McCully 

Markley 

Mason 

Matlieny 

M-.ffrtt 

Morris 

Norton 

Oliver 

Palmer  of  Marshall 

Powers 


Mr.  Rives 
Robbins 
Boman 
Rountree 
Shields 
Spencer 
Sib  ley 
Sim 

Simpson 

Smiih  of  Gallatiss 
Shumway 
Thompson 
Thornton 
'I  rower 
Turn  bull 
Turner 
Tuttle 
Vernor 
West 
"Wil  iams 
Whiteside 
Woodsor* 
Worcester. 


Mr.  Bosbysheli  moved  the  following  as  a  substitute  for  the  amendment; 

"That  if  any  memljer  of  this  convention  is  absent  from  prayers  in  the 
morning  he  shall  be  docked  in  his  per  diem  allowance  twenty-five  cents  ? 
if  absent  during  the  reading  of  the  journal  ten  cents;  if  absent  during 
the  time  any  member  shall  make  a  speech,  two  dolhrs;  if  absent  during 
the  time  of  oflfeiing  any  resolution,  thirty-seven  and  a  half  rents;  if  ab- 
sent during  the  taking  of  the  votes  by  yeas  and  nays,  five  dollars." 
On  motion  of  Mr.  Harding, 

The  previous  question  was  ordered. 

The  question   was  taken  on  agreeing  to  the  substitute  for  the  amend- 
ment, and  decided  in  the  negative. 

Mr.  Worcester  moved  that  the  convention  adjourn  until  Monday  morn- 
ing at  nine  o'clock. 

The  question  was  then  taken,  by  yeas  and  nay?,  on  the  motion  to  ad- 
journ, 

And  decided  in  the  negative,  <  v^5? 


Those  voting  in  the  affirmative,  are, 

JVIr.  Biown  Mr.  Hnrlbut 

Campbell  of  Jo  Daviess  Jen-kin* 

Green  of  JoDaviess  Miller 


Mr.  West 

Worcester. 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 


Mr.  Atherton 
Blair 


BaTlin<jalI 
Brockraan 


Mr.  Bosbysheli 
Bunsen 
Butler 
Grain 
Cartady 


JOURNAL  OF  THE  CONVENTION. 


119 


Mr.  Caldwell  Mr. 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Zadok  Casey 
Cross  of  Winnebago 
Cloud 
Church 
Churchill 

Davis  of  Montgomery 
Davis  of  Massac 
Dawson 
Deitz 
Dummer 
Dunl.ip 
Dunsmore 

Edwards  of  Madison 
K.I  wards  of  Sangamon 
Evey 
Farwell 
Fnck 
Graham 
Goddes 

Green  of  Tazeweli 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 


Holmes 

Huusaker 

Huston 

Jackson 

James 

Jones 

Judd 

Kreider 

Kenner 

Kinney  of  Bureau 

Kmney  of  St.  Clair 

Kn  owl  ton 

Knox 

Lasater 

Laughlin 

Lemon 

Linley 

Lockwood 

Logan 

Loudon 

McCallen 

McCully 

McClure 

Markley 

Marshall  of  Coles 

Mason 

Matheny 

Mieure 

Minshall 

Moffett 

Moore 

Morris 

Northcott 

Norton 

Oliver 

Palmer  of  Macoupin 


Mr.  Palmer  of  Marshall 
Peters 
Pinckney 
Powers 
Rives 
Robbins 
Robinson 
Roman 
Kountree 
Scates 
St  a  deleft 
Swan 
Sharpe 
Shields 
Spencer 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Gall  alia 
Shumway 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tuttle 
Vance 
Vernor 
Weacl 
Williams 
Whiteside 
Whitney 
Woodson. 


The  question  was  then  taken  on  agreeing  to  the  amendment,  and  de- 
cided u\  the  negative. 

The  question  was. then  taken,  by  yeas  and  nays,  on  adopting  the  mod- 
ified resolution, 

And  decided  in  the  affirmative,  <  ^-  '  \'  07 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Cross  of  Winnebago 

Mr.  Harvey 

Allen 

Cloud 

Hay 

Armstrong 

Church 

Hayes 

Atherton 

Churchill 

Henderson 

Blair 

Davis  of  Montgomery 

Hill 

Blakely 

Davis  of  Massac 

Hoes 

Ballinsrall 

Dawson 

Hogue 

Brockman 

Deitz 

Hunsaker 

Bosbyshell 

Edwards  of  Sangainon 

Huston 

Bunsen 

Evey 

Jenkins 

Butler 

Farwell 

Jones 

Crain 

Fnck 

JiuM 

Canady 

Graham 

Kreider 

Caldwell 

Geddes 

Kenner 

Camnbell  of  McDonough 

Gr^en  of  Tazeweli 

Kinney  of  Bureau 

F.  S.  Casey 

Harding 

Kinney  of  St. 

Clair 

Z.  Casey 

Harper 

Knowlton 

1-20 


JOURNAL  OF  THE  CONVENTION. 


[July  2, 


Mr.  Knox 

Lasater 

Lanirhlin 

Lemon 

Hn  ley 

Lock  wood 

Logan 

London 

McCallen 

McCally 

Markley 

Masoii 

Matheny 

Mieure 

Mottett 

Moore 

Morris 

Northeott 


Mr.  Norton 
Oliver 

Palmer  of  Marshall 
Peters 
Pinckney 
Powers 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Stadden 
Swan 
Shields 
Spencer 
Sibley 
Sim 


Those  voting  in  the  negative,  are, 


Mr.  Akin 


Anderson 

Brown 

Campbell  of  Jo  Daviess 

Carter 

Dummer 

Dunlap 

Dunsmore 

Edwards  of  Madison 


Mr.  Green  of  Jo  Daviess 
Harlan 
Hate  Pi 
Hawley 
Holmes 
Hurl  but 
Jackson 
James 
McClure 


Mr.  Simpson 

Smith  of  Gallatin 

Smith  of  Macon 

Shumway 

Thomas 

Ihonrton 

Trower 

Turnbull 

Turner 

Tuttle 

Vance 

Vernor 

West 

Williams 

Whiteside 

Woodson 

Worcester. 


Mr.  Marshall  of  Coles 
Miller 
JV1inshall 

Palmer  of  Maconpin 
Sharpe 
Servant 
Singleton 
W>acl 
Whitney. 


J\lr.  Butler  offered  the  following: 

Whereas  incorporations,  clothed  with  exclusive  powers  and  privileges, 
are  contrary  to  the  sprrit  and  fundamental  principles  of  our  lepublican 
institution?,  oppressive  to  the  best  interests  of  the  people  at  large,  and 
tend  to  unequal,  unjust  and  oppressive  monopolies;  making  the  rich  rich- 
er and  the  poor  poorer;  and  whereas  by  such  monopolies  and  exclusive 
pri.ilegcs,  the  capitalist  is  enabled  to  control  the  particular  branch  of  bu- 
siness in  which  he  may  engage,  and  conduct  the  same  to  the  exclusion  of 
the  truly  worthy  and  deserving,  making  wealth  predominate  over  merit, 
virtue  and  integrity;  and  whereas  the  chartering  --y  law,  and  protecting 
incorporations  in  the  exercise  of  such  exclusive,  unequal,  and  unjust  pow- 
ers and  privileges  tends  to  the  concentration  of  capital  and  the  business 
of  the  country  in  (he  hands  of  the  few,  and  to  the  establishment  of  an 
aristocracy  of  wealth,  and  to  the  subjection  of  the  many  to  mere  depend- 
ants and  servile  operators;  therefore, 

Resolved,  Tint  the  committee  on  Incorporations  be  instructed  to  inquire 
into  the  expediency  of  prohibiting  the  legislature  i'rom  hereafter  creating 
any  companies,  associations,  or  corporations,  by  special  act,  with  exclu- 
sive powers  and  privileges,  except  for  municipal  purposes,  and  except  in 
such  cases,  where  the  objects  of  such  association,  company  or  incorporation 
cannot  be  accomplished  under  the  provisions  of  a  general  law  which  may 
apply  equally  to  all  persons. 

Mr.  Logan  called  for  a  division,  so  a^  to  vote  first  on  the  adoption  of 
the  resolution. 

The  question  was  taken  on  the  adoption  of  the  resolution,  and  decided 
in  the  affirmative. 


My  2.] 


JOURNAL  OF  THE  CONVENTION. 


121 


Mr.  McCallen  moved  to  lay  the  preamble  on  the  (able,  and  the  question 
being  taken,  by  yeas  and  nays, 

It  was  decided  in  the   negative,      v\TCaS'  *     t-~, 

(N;i)s,         .          .         .         .07 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Jackson 

Mr.  Pinckney 

Atherton 

Jones 

Rives 

Blakely 

Judd 

Robinson 

Canady 

Kenner 

Swan 

Cross  of  Winnebago 
Church 

Kinney  of  Bureau 
Knowlton 

Sharpe 
Spencer 

Dawson 

Emix 

Servant 

Deitz 

Lemon 

Sibley 

Dnmmer 

Lockwood 

Singleton 

Dunlap 

Logan                ^ 

Smith  of  Macon 

Dunsmore 

London 

Thomas 

Edwards  of  Madison 

McCallen 

Thornton 

Edwards  of  bangamon 

Marshall  of  Coles 

Trotter 

Graham 

Mason 

Tnrnbull 

Geddes 

Matheny 

Turner 

Green  of  Tazewell 

Mieure 

Tuttle 

Harding 

Miller 

Vance 

Harlan 

MinshaU 

West 

Harper 

Northcott 

Williams 

Hay 

Norton 

Whitney 

Holmed 

Palmer  of  Marshall 

VVoodson. 

Hurlbut 

Those  voting  in  the  negative,  are, 

Mr.  Akin 

Mr.  Evpy 

Mr.  Me  Cl  ure 

Allen 

Farwell 

Markley 

Anderson 

Frick 

Moffett 

Armstrong 

Green  of  Jo  Daviess 

Moore 

Blair 

Harvey 

Morris 

Ballingall 

Hatch 

Oli  vet- 

Brockrnan 

Hawley 

Palmer  of  Macoupin 

Bosbyshell 

Hayes 

Powers 

Brown 

Henderson 

Rohbins 

Bunsen 

H.ll 

Roman 

Butler 

Hoes 

Rountree 

Grain 

Hogue 

Scares 

Caldwell 

Hunsaker 

Stadden 

Campbell  of  Jo  Daviess 

Huston 

Shields 

Ciimpbell  of  McDonoagh 

James 

Sim 

Carter 

Jenkins 

Simpson 

F.  S.  Casey 

Kreider 

Smith  of  Gallatin 

Z.   Casey 

Kinney  of  St.  Clair 

Sh  P.  in  way 

Cross  of  Woodford 

Lasa'er 

Vernor 

Cloud 

Lan^hlin 

Wpatt 

Churchill 

Linley 

Whiteside 

Davis  of  Montgomery 

Me  Cully 

Worcester. 

Davis  of  Massac 

Mr.  Churchill  moved  to  add  the  following  to  the  preamble,  to  be  insert- 
ed after  the  fir*t  two  words  t 


44  For  specific  objects,  by  which  all  have  not   the  privilege  of  incorpo- 
rating themselves  for  tho  samo  object,  and." 
On  motion  of  Mr.  Logan, 


JOURNAL  OF  THE  CONVENTION. 


[July  2. 


The  further  consideration  of  the  whole  subject  was  postponed  until  one 
week  from  next  Monday. 

Air   Sburnway  offered  the  following: 

Resolved,  That  the  committee  on  Banks  and  Incorporations  be  instruc- 
ted io  report  a  clause  to  be  inserted  in  the  constitution,  prohibiting  the 
esiab.ishment  o(  a  branch  or  branches  of  a  United  States  bank  in  this 
state. 

Mr.  Vance  moved  to  adjourn  until  three  o'clock,  P.  M. 

Mr.  Brown  moved  to  adjourn  until  Tuesday  next. 

Mr.  Atherton  moved  to  adjourn  until  one  week  from  next  Monday. 

Mr.  Whitney  moved  to  adjourn  until   Monday. 

The  question  was  taken  on  the  motion  to  adjourn  until  one  week  from 
next  Monday*  and  decided  in  the  negative, 

The  question  was  taken,  by  yeas  and  nays,  on  the  motion  to  adjourn  un- 
til Tuesday,  • 

And  decided  in  the  negative,       <  veas' 

{Nays,      .         .         .         .  1'28 


Those  voting  in  the  affirmative,  are, 


Mr.  Brown 

Campbell  of  Jo  Daviess 


Mr.  Miller 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 
Atherton 
Blair 
Blakely 
Ballirigall 
Brockman 
Bosbyshell 
Btinsen 
Butler 
Crain 
Canady 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S    Casey 
Z.  Casey 

Cro^s  of  Winnebago 
Cross  of  Woodford 
Cloud 
Church 
Ch-.rchill 

Davis  of  Montgomery 
Davis  of  Massac 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunsrnoie 

Edward?  of  Madison 
Edwards  of  Sangamon 


Mr.  Evey 
Farwell 
Frick 
Graham 
Geddes 

Green  of  Jo  Daviess 
Green  of  Tazewell 
Harding 
Harlan 
Harper 
Harvey 
Haich 
Hawley 
Hay     ' 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
Jamps 
Jenkins 
Jones 
Kreider 
Kenner 

Kinney  of  Bureau 
Kinney  of  St.  Clair 
Knowlton 
Knox 
Lasater 


Mr.  West. 


Mr.  Laugh  1  in 
Lemon 
Lin  ley 
Lockwood 
Logan 
London 
McCallen 
McCully 
McClure 
Marklev 

Marshall  ot  Coles 
.VI  ason 
Matheny 
Mi  cure 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
Norton 
Oliver 

Palmer  of  Maconpin 
Palmer  of  Marshall 
Peters 
Pinckney 
Powers 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Stadden 
Sharpe 


July  2.] 


JOURNAL  OF  THE  CONVENTION. 


123 


Mr.  Shields 
Spt-ncer 
Servant 
Sibley 
Siin 

Simpson 
Singleton 
Smith  of  Gallatin 
Smith  of  Macon 


Mr.  Sh  um way 
Tiiomus 
Thornton 
Trower 
Turubull 
Turner 
Tuttle 
Vance 


Mr.  Vernor 
Wead 
Webber 
Williams 
W  hiteside 
Whuney 
Woodsou 
"Worcester. 


The  question  was  then  taken,   by  yeas  and  nays,  on  adjourning  until 
Monday, 

( Yeas.         ...»  7 

And  decided  in  the  negative, 


Those  voting  in  the  affirmative,  are, 


Mr.  Anderson 
Brown 
Green  of  Jo  Daviess 


Mr.  Jackson 
Vance 


Those  voting  in  the  negative,  are. 


Mr.  Adams 

Mr.  Harper 

Akin 

Harvey 

Allen 

Hatch 

Armstrong 

Hawley 

Atherton 

Hay 

Blair 

Hayes 

Ballinpall 

Henderson 

Brocknun 

HOPS 

Bosbyshell 

Hogue 

Bunsen 

Holmes 

Butler 

Hunsaker 

Crain 

Hurlbut 

Canadv 

Huston 

Caldwell 

James 

Carnpbf  11  of  Jo  Daviess 

Jones 

Campbell  of  McDonough 

Judd 

Carter 

Kreider 

F.  S.  Casey 

Kenner 

Z.  Casey 

Kinney  of  Bureau 

Cross  of  Winnebago 

Kinneyof  St.  Clair 

Cross  of  Woodford 

Knowlton 

Cloud 

Knox 

Church 

Lasater 

Churchill 

Laughlin 

Davis  of  Montgomery 

Lemon 

Davis  of  Massac 

Unify 

Dawson 

Lockwood 

D-^itz 

London 

Dummer 

McCallen 

Dunlap 

McCully 

Dunsmore 

McClure 

Edwards  of  Madison 

Mark  ley 

Edwards  of  Sangamon 

Marshall  of  Coles 

Evey 

Mason 

Farwell 

Matheny 

Frick 

IVtifiire 

Graham 

Miller 

Geddes 

Minshall 

Green  of  Tazewell 

IN'offett 

Harding 

Moore 

Harlan 

Mr.  Whitney 
\Vorcester. 


Mr^Morris 
Northcott 
Norton 
Oliver 

Primer  of  Maconpiti 
Palmer  of  Marshall 
Pfters 
Pinckney 
Powers 
Rives 
Rohbins 
Robinson 
Roman 
Rountree 
Scates 
•  Stadden 
Swan 
Sharpe 
Shields 
Spencer 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Gallatin 
Smith  of  Macon 
Shumway 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tuttle 
Vernor 
Wead 
West 
Williams 
Whiteside 
Woodson. 


JOURNAL  OF  THE  CONVEiNTlON.  [July  2. 

The  question  was  then  taken  on  the  motion  to  adjourn  until  three 
o'clock,  P.  M.,  and  decided  in  the  negntive. 

Mr.  Deitz  moved  to  amend  the  resolution  by  adding  thereto  the  follow- 
ing: 

"  Without  first  obla:ning  leave  from  the  state  legislature." 

Mr.  Shumway  moved  to  lay  the  amendment  on  the  table. 

I\Jr.  Moffett  moved  to  lay  the  whole  subject  on  the  table  until  one  week 
from  next  Monday. 

Mr.  Shu m way  called  for  a  division  of  the  question. 

The  question  was  then  taken  on  laying  the  amendment  on  the  table, 
and  decided  in  the  affirmative. 

The  question  WHS  then  taken  on  laying  the  resolution  on  the  tatlc  until 
one  week  from  next  Monday,  arid  decided  in  the  affirmative. 

Mr.  Singleton  offered  the  following: 

Resolved,  That  the  members  of  this  convention  shall  not  be  entitled  to 
paper,  pens,  arid  ink  at  the  expense  of  the  state,  for  their  private  use,  nor 
shall  any  member  be  entitled" to  any  compensation  for  parts  of  days'  ser- 
vice in  this  convention,  but  the  day  shall  be  lost  to  those  rendering  less 
than  eight  hours  service  each  day;  nor  shall  any  member  quit  the  nail  for 
a  longer  period  thanlwenty  minutes,  while  the  convention  is  in  session, 
without  leave  of  the  pres-i  lent,  and  an  absence  of  more  than  twenty  min- 
utes shall  be  considered  a  day. 

On  motion  of  Mr.  Thomas, 

The  resolution  was  laid  on  the  table,  by  yeas  and  nays,  )\.  '.„* 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Hayes  Mr.  Palmer  of  Marshall 

Akin  Hill  Peterj 

Anderson  Hogue  Pinckney 

Brown  Holmes  Powers 

Bunsen  Hunsaker  Robbins 

Butler  Huston  Roman 

Cariady  Jackson  Rountree 

Z.  Casey  Jones  Scales 

Cross  of  Winnebago  Kenner  Swan 

Cloud  Kinney  of  Bureau  Sharpe 

Church  Knox  Spencer 

Churchill  Langhlin  Servant 

Davis  of  Massac  Lockwood  Sibley 

Deitz  Logan  Sim 

Dumtner  London  Smith  of  Macon 

Dun^more  McCully  Thomas 

Ed  wards  of  Madison  McClure  Turnbull 

Edwards  of  Sangamon  Markley  Turner 

Evey  Mieure  Tuttle 

Graham  Miller  Vance 

Green  of  Tazewell  Moffett  Vernor 

Haiding  Moore  West 

Harlan  Norfhcott  Williams 

Harper  Norton  IVoodson 

Jlatch  Palmer  of  Macoupin  Worcester. 
Hay 


July  2 


JOURNAL  OF  THE  CONVENTION. 


Those  voting  in  the  negative,  are 


Mr.  Allen 

Armstrong 

Atherton 

Blair 

Blakely 

Ballingall 

Brockman 

Bosbyshell 

Grain 

Caldvvell 

Campbell  of  Jo  Daviess 

Carter 

F.  S.  Casey 

Dawson 

Dunlap 

Farwell 


Mr.  Friclc 
Geddes 
Harvey 
Hawley 
Henderson 
Hoes 
Hurlbut 
James 
Jenkins 
Judd 
Kreider 
Kinney  of 
Knowlton 
Lasater 
Lemon 
Linley 


Clair 


Mr.  McCallen 

Marshall  of  Coles 

Mason 

Matheny 

Minshall 

Oliver 

Rives 

Robinson 

Stadden 

Shields 

Singleton 

Smith  of  Gallatin 

Thornton 

T  rower 

Wead 

"Whileside. 


Mr.  Hill  offered  the  following: 

Resolved  by  this  convention,  that  the  standing  hours  of  adjournment 
shall  be  fight  o'clock,  A.  M.,  and  two  o'clock,  p.  M.,  each  day,  (Sun  da)'  3 
excepted,)  until  the  final  adjournment  of  this  convention. 

Mr.  Campbell  of  Jo  Daviess  moved  to  amend  the  resolution  by  adding 
thereto  the  following: 

"And  that  in  computing  the  numher  of  days  for  which  each  delegate 
shall  receive  pay,  Sundays  shall  not  be  included." 

Mr.   Geddes  moved   that  the   convention  adjourn   until  three  o'clock, 

1».   iM. 

The  question  was  taken,  and  decided  in  the  negative. 
Mr.  Uaycs  moved  that  the  convention  adjourn  until  two  o'clock,  P.  M. 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  Hogue  moved  to  lay  the  whole  subject  on  the  table. 
Mr.  Campbell  of  Jo  Daviess  called  for  a  division  of  the  question. 
The  question  w\is  then  taken,  by  yeas  and  nays,  on  laying   the  amend- 
ment on  the  table, 


And  decided   in  the   affirmative. 


<ATe<lS' 
(Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Mr.  Green  of  Tazewell 

Blair 

Hurl  an 

B;illii)£jall 

Hawley 

Biock  m  an 

Hay 

Bnshyshell 

Haves 

Brown 

Henderson 

Rnnsvfi 

Hill 

Butler 

Hoirue 

C-nnp'ie!!  of  McDonough 

Holmes 

Church 

Huston 

Dawson 

Jackson 

Dutuiw.r 

Jones 

Dunstnore 

K«'nner 

EMwanis  of  Madison 

K  nnev  of 

Bureau 

-  Frick 

Lanirlilin 

Graham 

l.emon 

Geddes 

Linley 

Mr.  Lock  wood 
McClure 

Marshall  of  Coles 
Mieure 
Miller 
Minshall 
,   M«»ore 
Morris 
North  rott 
Norton 

Palmer  of  Macoupin 
IVieis 
Ruhiiison 
Roman 
Srates 
Swim 
Sharpe 


1-26  JOURNAL  OF  THE  CONVENTION.  [July 

Mr.  Servant  Mr.  Turner  Mr.  West 
Smith  of  Macon                        Vance  Wooclson 

Thomas  Vernor  Worcester. 

Trower  Webber 

Those  who  voted  in  the  negative,  are, 


Mr.  Adams 

Mr.  Harper 

Mr.  MofFett 

Allen 

Harvey 

Oliver 

Anderson 

Hatch 

Palmer  of  Marshall 

Armstrong 

Hoes 

Powers 

Atherton 

Hunsaker 

Rives 

Grain 

Hurlbut 

Robbins 

Canady 

James 

Rountree 

Caldwell 

Jenkins 

Staclden 

Campbell  of  Jo  Daviess 

Judd 

Shields 

Carter 

Kreider 

Spencer 

F.  S.  Casey 

Kinney  of  St.  Clair 

Sibley 

Z.  Casey 

Knowiton 

Sim 

Cross  of  Winnebago 
Cloud 

Knox 
Lasater 

Singleton 
Smith  of  Gallatin 

Churchill 

Lo^an 

Thornton 

Deitz 

McCallen 

Turnbull 

Dunlap 

McCully 

Tuttle 

Edwards  of  Sangamon 

Markley 

Wead 

Green  of  Jo  Daviess 

Mason 

Whiteside. 

Harding 

Matheny 

The  question  was  then  taken  on  laying  the  resolution  on  the  table,  and 
decided  in  the  affirmative. 

Mr.  Servant  offered  the  following: 

Resolved,  That  in  view  of  the  celebration  of  the  anniversary  of  Amer- 
ican independance,  and  the  reception  of  the  heroes  of  Buena  Vista,  and 
Cerro  Gordo,  on  to-morrow,  that,  when  this  convention  adjourns,  it  will 
adjourn  to  meet  on  Monday  next,  at  9  oV.lor.k. 

On  motion  of  Mr.  Campbell  of  Mc-Donough, 

The  resolution  was  hud  on  the  table  until  3  o'clock,  p.  M. 
On  motion  ot   Mr.  Lau<rhlin, 

The  convention  adjourned  until  three  o'clock,  p.  w. 


THREE  O'CLOCK,  P.  M, 


The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Geddes, 

The  resolution  laid  on  the  table  at  the  adjournment  was  taken  up. 

Mr.  Thomas  moved  that  the  convention  adjourn  until  Monday  morning 
at  nine  o'clock. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  then  taken  on  the  adoption  of  the  resolution,  and  de- 
cided in  the  affirmative. 

Mr.  Brown  moved  that  the  convention  adjourn. 

The  question  WHS  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Edwards  of  Saiuramon, 

The  use  of  the  representauve's  hall  was  granted  to  Mrs.  Browne  and 
daughters  for  to-rnorrow  evening,  to  give  a  complimentary  concert  to  the 
Illinois  volunteers. 


July  2.]  JOURNAL  OF  THE  CONVENTION.  127 


On  motion  of  Mr. 

The  convention  again  resolved  itself  into  a  committee  of  the  whole",  and 
resumed  the  consideration  of,  the  report  of  the  committee  on  the  Legis- 
lative Dt'parirm-nt,  which  was  under  consideration  in  said  committee  on 
yesterday  —  Mr.  Z  Casey  in  the  chair. 

Mr.  Maiding  moved  to  amend  the  sixth  section  by  inserting  after  the 
word  u  districts,'1  in  the  fourth  line,  the  words  "and  no  county  shall  be 
entitled  to  more  than  one  representative/' 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  negative 

Mr.  Harding  moved  further  to  amend  by  inserting  after  the  word  "  ap- 
portioned, "'  in  the  second  line  of  the  same  section,  the  words  "  so  that  no 
election  district  shall  be  enlarged  unless  the  fraction  of  ihe  ratio  of  popu- 
lation, shall  extend  over  one-third  of  the  ratio,  nor  then,  but  by  contigu- 
ous territory." 

Tlie  question  was  taken  on  agreeing  to  the  amendment,  and  decided 
in  the  negative. 

Mr.  Haves  moved  further  to  amend  by  inserting  after  the  words  "as 
herein  provided  for,"  in  the  third  line  of  the  same  section,  the  words  "  in 
all  future  apportionments,  when  more  th?»n  one  county  shr.ll  be  thrown 
into  a  representative  district,  all  the  representatives  to  which  said  coun- 
ties nny  be  entitled  shall  be  elected  hy  the  entire  district." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  affirma- 
tive. 

Mr.  Scates  moved  further  to  amend  by  striking  out  the  words  "  twen- 
ty,'1 in  the  first  line,  and  "  seventy,"  in  the  second  line,  and  insert  in  lieu 
thereof  the  words  "thirty"  and  »'  sixty." 

Mr.  Palmer  of  Macoupin  called  for  a  division. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 
Mr.  Thomas  moved  to  amend  the  seventh  section  hy  striking  out  in  the 
first  and  second  lines,  the  words,  "  January,  one  thousand  eight  hundred 
and  forty-nine,"  an  J  ins«  rt  "  December,  one  thousand  eight  hundred  and 
forty-eight;'1 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Edwards  of  Sangamon  moved  to  amend  the  seventh  secti  >n  hy  ad- 
ding thereto  the  words  "and  shall  not  continue  in  session  lor  a  longer 
period  than  sixty  days/' 

Mr.  Brockman  moved  to  amend  the  amendment  by  adding  thereto  the 
following: 

"  But  the  governor  shall  have  powrr  to  prolong  the  session,  it  in  his 
opinion  the  interest  of  the  public  demand  the  same." 

The  question  was  taken  on  agreeing  to  the  amendment  to  the  amend- 
ment, and  decided  in  the  negative. 

The  q-iestion  was  taken  on  agreeing  to  the  amendment,  and  decided 
in  the  negative. 

Mr.  Lemon  moved  to  amend  the  eighth  section  by  striking  uut  the 
words  "the  speaker  of  the  senate  exceptc  I,"  in  the  socou  1  ijrjp. 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 


128  JOURNAL  OF  THE  CONVENTION.  [July  2. 

Mr.  Sihloy  moved  further  to  amend  by  striking  out  all  after  the  word 
"choose,"  in  the  first  line,  to  the  word  "each,"  and  to  insert  in  lieu  there, 
of  the  following: 

"  Their  own  officers;  the  senate  shall  choose  a  tempoiary  speaker  wher 
the  lieutenant  governor  shall  not  attend  as  speaker,  or  shall  act  as  gov. 
ernor." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega 
tive. 

Mr.  Wead  moved  further  to  amend  by  striking  out  the  words  "two 
thirds  of,"  in  the  third  line  of  the  same  section. 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  neg 
tive. 

Mr.  Graham  mov^d  further  to  amend  by  striking  out  the  word  4i  two, 
in  the  second  line  of  the  ninth  section. 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  neg 
tive. 

Mr.  McCallen  moved  to  amend  the  10th  section  by  striking  out  th 
word  '<  two,"  in  the  first  line,  and  insert  "five"  in  lieu  thereof. 

A  division  bein^  called  for,  the  question  was  taken  on  striking  out,  ar 
decided  in  the  negative. 

Mr.  Sibley  moved  to  amend  the  eleventh  section  by  striking  out  t! 
words  u  two-thirds,"  in  the  second  line,  and  inseit  in  lieu  thereof  tl 
words  "a  majority." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  neg 
tive. 

On  motion  of  Mr.  Vance, 
The  eleventh  section  was  amended  by  inserting  after  the  words  "  tw 
thirds,"  in  the  second  line,  the  words  "  of  all  the  members  elected." 

On  motion  of  Mr.  Palmer  of  Macoupin. 
The  eleventh  section  was  amended  by  adding  thereto  the  words  folio 
ing: 

•*And  the  reason  for  such  expulsion  shall  be  entered  upon  the  journa 
with  the  names  of  the  members  voting  for  the  same." 

Mr.  Servant  moved  to  amend  section  13th  by  inserting  after  the  wo 
"and,"  in  the  second  line,  the  words  " during  one  aay  for  every  twen 
miles  necessary  travel." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  neg 
tive. 

Mr.  Kenner  moved  to  amend  the  sixteenth  section  by  adding  there 
the  folio \\iiitr: 

"And  no  hill  shall  become  a  law  without  the  concurrence  of  a  major 
of  all  the  members  elect  in  both  Louses." 

The  question  was  taken  on  ?n_rn  einji  thereto,  and  no  quorum  voting, 
0  he  committee  rose,  and  reported  that  lact  to  the  convention   by  t 
chairman. 

On  moMon  of  Mr.  l.pg.'in, 
Qrtifrtdi  Thai  the  rciuminee  have  leave  to  sit  again  on  Monday  ne 

On  motii-r.1  nf  Mr.  (-inddes. 
The  convention  lu'jourm-d  unlit  Monday. 


July  5.]  JOURNAL  OF  THE  CONVENTION.  129 


MONDAY,  JUJLY  5,  1847. 

The  convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Bergen. 
The  journal  of  Friday  was  read. 

Mr.  Butler  presented  the  petition  of  Reuben  D.  Dodge  and  68  others, 
inhabitants  of  Lake  county,  praung  that  the  number  of  senators  and  rep- ~ 
resentatives  in  the  general  assembly  be  fixed  at  a  number  not  exceeding 
one  hundred,  that  the  length  of  the  sessions  be  limited  to  sixty  days;  and 
that  the  per  diem  of  members  be  limited  to  a  sum  not  exceeding  two  dol- 
lars per  day.  Also,  the  petition  of  Reuben  D.  Dodge  and  69  others,  in- 
habitants of  Lake  county,  praying  that  the  time  of  holding  the  annual 
elections  be  changed  to  the  first  Monday  in  November,  in  each  year; 
which  were  read,  and, 

On  motion  of  Mr.  Butler, 

Referred  to  the  committee  on  the  Legislative  Department. 
Mr.  Butler   presented  the  petition  of  Re  j hen  D.  Dodge  and  68  others, 
inhabitants  of  Lake  county,  praying  that  circuit  judges,  clerks  of  the  cir- 
cuit court,  district  attorneys,  and  all  other  officers  of  the  state,  judicial  or 
otherwise,  may  be  elected  by  the  people  of  this  state. 
The  petition  was  read,  and, 

On  motion  of  Mr.  Butler, 

Referred   to  the  committee  on  the  Organization  of  Departments,  and 
officers  connected  with  the  Executive  Department. 

Mr.  Butler  presented  the  petition  of  Reuben  D.  Dodge  and  68  others, 
inhabitants  of  Lake  county,  praying  that  the  county  commissioners'  court 
may  be  abolished,  and  a  township  or  precinct  organization  be  established 
in  lieu  thereof,  and  that  counties  may  have  no  power  to  create  any  debt 
without  an  especial  act  of  the  legislature. 
The  petition  was^read,  and, 

On  motion  of  Mr.  Butler, 

Referred  to  the  special  committee  on  the  organization  of  townships,  &c. 
Mr.  Edwards  of  Madison  presented  the  petition  of  George  Churchill 
and  four  others,  citizens  of  Madison  county,  praying  that  provision  may  be 
made  in  the  new  constitution  for  a  state  superintendent  of  public  instruc- 
tion, with  a  liberal  salary. 

Mr.  Dnmmer  presented  the  petition  of  Sylvester  Emmerson  and  thirty- 
seven  others,  citiz3ns  of  Cass  county,  praying  for  a  like  provision. 

Mr.  Anderson  presented  the  petition  of  A.  Waterman  and  fifty-six 
others,  citizens  of  Du  Page  county,  also  praying  for  a  like  provision. 

Mr.  Hill  presented  the  petition  of  Wm.  M.  Byers  and  twenty-two 
others,  citizens  of  De  Kalb  county,  also  praying  for  a  like  provision. 

Mr.  Davis  cf  McLean  presented  the  petition  of  James  Miller  and  one 
hundred  and  forty-four  others,  citizens  of  McLean  county,  also  praying 
for  a  like  provision. 

On  motion, 

The  reading  of  the  petitions  was  dispensed  with,  and  the  same  were 
•everally  referred  to  the  committee  on  Education. 


130  JOURNAL  OF  THE  CONVENTION.  [July  5. 

Mr.  Vernor  presented  the  petition  of  James  Burns  and  forty-six  others, 
citizens  of  Washington  county,  praying  that  all  resident  freeholders,  who 
are  foreigners  by  birth,  be  required  to  become  naturalized. 

The  petition  was  read,  and, 
On  motion  of  Mr.  Vernor, 

Referred  to  the  committee  on  the  Bill  of  Rights. 
On  motion  of  Mr.  JScates, 

The  resolution  introduced  by  him  some  days  since,  in  relation  to  the 
taxing  of  public  lands,  was  taken  from  the  table,  and  referred  to  the  same 
committee  of  the  whole  to  which  was  refeired  the  report  of  the  committee 
on  Revenue. 

On  motion  of  Mr.  Scates, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  to 
consider  the  report  of  the  commitiee  on  the  Legislative  Department — Mr. 
Z.  Casey  in  the  thair. 

The  question  pending  when  the  committee  rose  on  Friday  last,  was  on 
the  amendment  proposed  by  Mr.  Kenner,  to  be  added  to  the  1 6th  section. 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided 
in  the  affirmative. 

Mr.  Church  moved  to  strike  out  the  17th  section. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Ballingall  moved  to  amend  the  18th  section,  by  inserting  after  the 
word  "law,"  in  the  first  line,  the  words: 

u  Shall  contain  any  matters  not  pertinent  to  the  title,  and  first  section 
thereof,  nor/' 

And  also,  by  inserting  after  the  word  4i  shall,"  in  the  same  line,  the 
words,  "such  general  law." 

Mr.  Holmes  moved  to  amend  the  amendment  by  striking  out  the  word 
**  published,"  in  the  5th  line,  and  inserting,  in  lieu  thereof,  the  words, 
"sixty  days  after  its  passage." 

The  question  was  taken  on  agreeing  to  the  amendment  to  the  amend- 
ment, and  decided  in  the  negative. 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
the  negative. 

Mr.  Peters  moved  to  amend  the  same  section,  by  inserting  after  the 
word  "house,"  in  the  first  line,  the  following: 

"And  if  the  bill  shall  be  for  a  general  law,  it  shall  not  be  finally  passed 
without  first  having  been  printed  for  the  use  of  the  members.'* 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Kenner  moved  to  amend  the  same  section,  by  adding  after  the 
word  "  title,"  the  following: 

"But  the  legislature  shall  not  have  power  to  pass  any  private  or  local 
law,  unless  a  majority  of  two-thirds  shall  agree  that  the  subject  cannot 
be  reached  by  a  general  law." 

The  question  was  put  on  agreeing  thereto,  and  decided  in  the  negative. 
On  motion  of  Mr.  Knox, 

The  said  section  was  amended,  by  striking  out  the  words,  "  private  or 
local,'1  in  the  fourth  line. 


July  5.]  JOURNAL  OF  THE  CONVENTION.  131 

Mr.  Wead  moved  to  amend  the  same  section,  by  striking  out  all  after 
the  word  "  title,"  in  the  fifth  line. 

The  question  was  taken  and  decided  in  the  negative. 

On  motion  of  Mr.  Hayes,  and  by  the  unanimous  consent  of  the  com- 
mittee, 

The  vote  taken  on  Mr.  Knox's  amendment  to  tlie  18th  section  was 
reconsidered. 

The  question  then  recurred  on  agreeing  to  the  amendment,  and  havirrg 
been  put,  was  decided  in  the  negative. 
On  motion  of  Mr.  Singleton, 

The  18th  section  was  amended,  by  striking  out  all  after  the  word  "title," 
in  the  fifth  line,  and  inserting  in  lieu  thereof  the  following: 

"And  no  private  or  local  art  of  the  general  assembly  shall  take  effect, 
or  be  in  force,  until  after  the  expiration  of  sixty  days  from  the  end  of  the 
session  at  which  the  same  may  be  passed,  unless,  in  case  of  emergency, 
the  legislature  shall  otherwise  direct,  by  a  vote  of  two-thirds  ot  each 
branch  of  the  legislature." 

On  motion  of  Mr.  Thomas, 

The  same  section,  as  amended,  was  still  further  amended,  by  striking 
out  the  words,  "private  or." 

Mr.  McCallen  moved  to  amend  said  section,  as  amended,  by  inserting 
after  the  word  "houses,"  in  the  fourth  line,  the  following: 

"And  such  law  shall  then  become  the  law  of  the  land." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Cross  of  Winnebago  moved  to  amend  the  20th  section,  by  striking 
out  the  words  **  forty- two,"  and  inserting  in  lieu  thereof  the  word  "sixty." 

Mr.  Sharpe  called  for  a  division  of  the  question,  so  as  to  take  the  vote 
first  on  sti iking  out. 

The  question  was  then  taken,  but  no  quorum  voting, 

The  committee^of  the  whole  rose,  and,  by  their  chairman,  reported  that 
fact  to  the  convention. 

On  motion  of  Mr.  Thomas, 

A  call  of  the  convention  was  ordered. 

The  convention  being  called,  one  hundred  and  twenty-eight  members 
answered  to  their  names;  which  being  a  quorum, 

The  chairman  of  the  committee  of  the  whole  resumed  the  chair,  and 

The  question  was  then  taken  on  striking  out,  and  derided  in  the  nega- 
tive. 

Mr.  Cross  of  Winnebago  moved  to  amend  the  same  section,  by  striking 
out  the  word  »ciwo,"  in  the  first  line,  and  inserting  in  lieu  thereof  the 
words,  "not  to  exceed  three.*' 

Mr.  Sharpe  called  for  a  division  of  the  question,  so  as  to  take  the  vote 
first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Scates  moved  to  amend  ths  same  section,  by  inserting  the  word 
"actual"  between  the  words  "days"  and  "attendance,"  in  the  first  and 
second  lines.  Also  ,by  striking  out  the  word  "the,"  before  "members" in 
the  third  line,  and  inserting  the  word  "each"  in  lieu  thereof,  and  to  make 


132  JOURNAL  OF  THE  CONVENTION.  \July  5. 

the  word  "members'*  read  "member;"  and  by  striking  out  the  word  "their," 
in  the  hst  line,  and  inserting  in  lieu  thereof  the  word  uhis." 

Mr.  Ilurlbut  called  for  a  division,  so  as  to  vote  on  each  proposition  sep- 
arately. 

The  question  was  taken  on  agreeing  to  the  first  proposition,  and  decided 
in  the  negative. 

The  question  was  taken  on  agreeing  to  the  second  proposition,  and  de- 
cided in  the  negative. 

The  question  was  taking  on  agreeing  to  the  last  proposition,  and  decided 
in  the  negative. 

Mr.  Williams  moved  to  amend  the  same  section,  by  adding  thereto  the 
words,  "and  no  more;*'  which  was  agreed  to. 

Mr.  Mountree  moved  to  amend  the  same  section,  as  amended,  by  adding 
thereto  the  following: 

"  The  speaker  of  ihe  house  of  representatives  shall  be  allowed  the  sum 
of  one  dollar  per  day,  in  addition  to  his  per  diem  as  a  member.  The  clerk 
of  the  house  of  representatives  and  the  secretary  ol  the  senate  shall  each 
be  allowed  the  sum  ol  three  dollars  per  day.  The  assistant  clerk  of  the 
house  of  representatives  and  the  assistant  secretary  of  the  senate,  and  en- 
rolling and  engrossing  clerks  of  the  two  houses,  copyists  of  the  journals, 
and  doorkeepers  and  assistant,  doorkeepers  of  each  house,  shall  be  allowed 
two  dollars  per  day,  each,  for  their  services,  and  no  more," 

Mr.  Logan  moved  to  amend   the  amendment;  by  striking  out  the  word 
"one,"  and  inserting  in  lieu  thereof  the  word  atwo." 
On  motion  of  Mr.  Kitchell, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again, 

i^eave  was  accordingly  granted. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 

THREE  O'CLOCK,  p.  M. 


The  convention  met  pursunnt  to  adjournment. 
On  motion  of  Mr.  Thomas, 

A  call  of  the  convention  was  ordered. 

One  hundred  and  fourteen  members  having  answered,  and  a  quorum 
being  present, 

On  motion  of  Mr.  Shumway, 

Further  proceedings  under  the  call  were  dispensed  with. 
On  motion  of  Mr.  Thomas, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  to 
consider  the  n-port  of  the  committee  on  the  Legislative  Department — Mr. 
Z  Casey  in  the  chair. 

The  question  pending  when  the  committee  rose,  was  on  the  amendment 
proposed  by  Mr.  Logan  to  the  amendment  proposed  by  Mr.  Rountree  to 
the  20th  section,  as  amended. 

Thenwstion  was  taken  on  agreeing  thereto,  and  decided  in  the  negative. 

Mr.  Williams  moved  to  amend  the  amendment,  by  striking  out  all  after 
the  word  '•  member." 


July  5-1  JOURNAL  OF  THE  CONVENTION.  133 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  affirma- 
tive. 

The  question  was  then  taken  on  agreeing  to  the  amendment,  as  amend- 
ed, and  decided  in  the  affirmative. 

Mr.  Scates  moved  further  to  amend  the  same  section,  by  inserting,  after 
the  words  *'  house  of  representatives,"  the  words,  "and  the  president  of 
the  Senate." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Thomas  moved  to  amend  the  20th  section,  by  adding  thereto  the 
following: 

"  And  any  provision,  contained  in  a  bill  making  appropriations  for  the 
pay  and  compensation  of  the  members  and  officers  ol  the  general  assem- 
bly, upon  any  other  subject,  shall  be  void." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  McCaTlen  moved  to  amend  the  same  section,  by  inserting,  after  the 
word  "day,"  in  the  first  line,  the  words,  "in  gold  or  silver,  or  its  equiva- 
lent." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

On  motion  of  Mr.  Adams, 

The  following  was  agreed  to,  as  an  additional  section,  to  follow  sec- 
tion 20: 

"  The  per  diem  and  mileage  allowed  1o  each  member  of  the  legislature 
shall  be  certified  by  the  speakers  of  the  respective  houses,  and  entered  on 
the  journals,  and  published  at  the  close  of  each  session." 

M.  Deitz  moved  to  amend  the  same  sec'.ion,  by  striking  out  the  word 
*'  ten,"  in  the  second  line,  and  inserting  *•  fifteen"  in  lieu  thereof. 

The  question  was  taken  thereon,  and  decided  in  the  negative. 

Mr.  iShumwajMnoved  to  amend  the  2Ut  section,  by  inserting  after  the 
word  "'law,"  in  the  second  line,  the  following: 

"Nor  unless  such  payment  be  made  within  four  years  next  after  the  pas- 
sage  of  such  appropriation  act;  and  every  such  Jaw  making  a  new  appro- 
priation, or  continuing  or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  ii  is  to  be  applied;  and  it 
shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law  to  fix  such  sum." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Whiteside  moved  to  amend  the  2'2d  section,  by  striking  out  all  af- 
ter the  first  line,  and  insert  in  lieu  thereof  the  following: 

"  L5e  eligible  to  any  civil  office  or  place  of  trust  under  the  authority  of 
this  state." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
tive. 

Mr.  Thornton  moved  to  amend  the  21st  section,  by  adding  thereto  the 
following: 

"  And  no  person,  who  has  been  or  may  be  a  collector  or  holder  of  pub- 
lic moneys,  shall  have  a  seat  in  either  house  of  the  general  assembly  until 
such  person  shall  have  accounted  (or,  and  paid  into  the  treasury,  all  surr.s 
for  winch  he  may  be  accountable." 


134  JOURNAL  OF  THE  CONVENTION.  [July  5. 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  affir- 
mative. 

Mr.  Wcad  moved  to  amend  the  ?amc  section,  by  inserting  after  the 
word  "office,"  in  the  second  line,  the  words,  *«or  place  of  trust." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Blair  moved  to  amend  the  same  section,  by  striking  out  the  words, 
"or  during  one  year  after  the  expiration  thereof,"  in  the  second  line. 

The  question  was  taken,  and  the  amendment  was  not  agreed  to. 

Mr.  Davis  of  Montgomery  moved  to  amend  the  23d  section,  by  striking 
out  the  words  **  present,  in  the  second  and  fifth  lines,  and  insert  in  lieu 
thereof,  "elected." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  IScates  moved  to  amend  the  23d  section,  by  striking  out  the  words 
"two-thirds,"  and  inserting  in  lieu  thereof  the  words  "a  majority." 

The  question  was  taken,  and  the  amendment  was  not  agreed  to. 

Mr.  Brillingall  moved  to  amend  the  25th  section,  by  inserting  after  the 
word  '•  shall,'  in  the  fifth  line,  ''during  the  time  for  which  he  was  elected 
or  appointed  to  such  office,  be  eligible,  or." 

The  question  was  taken>  and  the  amendment  was  not  agreed  to. 

Mr.  Davis  of  McLean  moved  to  amend  the  25th  section,  by  striking  out 
the  word  "  postmasters." 

The  question  was  taken,  and  the  amendment  agreed  to. 
On  motion  of  Mi.  Hurlbut, 

The  2.")th  section  was  amended,  by  striking  out  the  word  u  register," 
and  inserting  in  lieu  thereof  the  word  '•  recorder." 
On  motion  of  Mr.  Hogue, 

The  26th  section  was  amended,  by  adding  thereto  the  words,  "and  also 
an  oath  of  office." 

On  motion  of  Mr.  Wead, 

The  following  was  adopted  as  an  additional  section: 

"  SEC.  — .  The  legislature  shall  never  grant  or  authorize  extra  com- 
pensation to  any  public  officer,  agent,  servant,  or  contractor,  after  the  ser- 
vice ehall  have  been  rendered,  or  the  contract  entered  into." 

Mr.  Harvey  moved  the  following,  as  an  additional  section: 

SEC.  — .  The  general  assembly  shall  have  no  power  to  appropriate 
more  than  dollars  for  the  incidental  and  contingent  expenses 

of  the  stale  government,  during  any  one  year." 

The  question  was  taken,  and  the  amendment  was  not  agreed  to. 

Mr.  Edwards  of  Sangamon  moved  the  following,  as  an  additional  sec- 
tion: 

"SEC.  — .  The  general  assembly  shall  direct,  by  law,  in  what  manner 
suits  may  be  brought  against  the  state;  and  no  claim  against  the  state 
shall  be  allowed  until  proven  and  established  before  some  tribunal,  and 
afterwards  npproved  by  the  general  assembly." 

Mr.  Kitchell  moved  to  amend  the  amendment,  by  striking  out  all  after 
the  word  "tribunal." 

The  question  was  taken,  and  the  amendment  to  the  amendment  was  not 
agreed  to. 

The  question  was  taken  on  agreeing  to  the  proposed  section, and  decided 
in  the  affirmative. 


July  5.]  JOURNAL  OF  THE  CONVENTION.  135 

On  motion  of  Mr.  Edwards  of  Sangamon, 

The  30th  section  was  amended,  by  striking  out  nil  after  the  words  4t  real 
estate,"  in  the  second  line." 

On  motion  of  Mr.  Logan, 

The  same  section,  as  amended,  was  further  amended,  by  adding  thereto 
the  words,  «*  belonging,  in  whole  or  in  part,  to  any  individual  or  individ- 
uals." 

Mr.  Butler  moved  to  amend  the  31st  section,  by  inserting  after  the  word 
"  individual,"  in  the  second  line,  the  words  "corporations  or  associations;'^ 
and  by  inserting  the  same  words  after  the  word  ''individuals,"  in  the  third 
line. 

Tlie  question  was  taken  on  the  amendment,  and  decided  in  the  negative. 

Mr.  Edwards  of  Sang-unon  moved  to  amend  the  same  section,  by  insert- 
ing after  the  word  ''individual,"  in  the  second  line,  the  following: 

"Nor  to  pass  any  law  authorizing  any  proceeding  in  any  court, affecting 
the  property  or  rights  of  any  individual,  other  than  is  allowed  under  the 
general  laws  of  the  land." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Scales  moved  to  amend  the  31st  section,  by  striking  out  all  after  the 
word  '4  law,"  in  the  fifth  line. 

On  motion  of  Mr.  Geddes, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  ag\tin. 

Leave  was  accordingly  granted. 

Mr.  Scat.es  offered  the  following,  as  an  additional  section  to  the  article 
reported  by  the  committee  on  the  Legislative  Department 

SEC.  — .     The  legislature  shall  have  power — 

To  lay  and  collect  taxes,  imposts,  and  excises;  to  pay  the  debts  and  pro- 
vide for  the  common  defence,  support,  and  general  welfare  of  the  state; 

To  borrow  money  on  the  credit  of  the  state; 

To  pass  all  laws  which  may  be  deemed  wise  and  expedient,  in  amend- 
ment, alteration,^  abolishment  of  the  principles  of  the  common  law,  of 
equity,  maritime,  or  mercantile  law; 

To  define  and  provide  for  the  trial  and  punishment  of  crimes  and  mis- 
demeanors, and  regulate  the  general  policy  of  the  state; 

To  provide  for  the  due  administration  of  justice,  the  execution  of-the 
laws,  and  the  enforcement  of  the  decisions  of  the  courts  of  justice  and  such 
other  tribunals  as  may  be  established; 

To  regulate  the  rules  of  practice  and  evidence,  the  mode  of  instituting 
suits  and  proceedings  against  the  state,  the  people  thereof,  and  corpora- 
tions in  or  ojt  of  tne  state; 

To  exempt  from  attachment,  execution,  and  sale  for  taxes,  or  debt,  such 
property  as  it  may  deem  wise  and  expedient; 

To  regulate  the  descent  of  real  estate,  titles  to  the  same,  wills,  intestacies, 
the  administration,  distribution,  and  settlement  of  estates,  and  the  rules  for 
ascertaining,  defining,  and  enforcing  all  contracts  relative  to  property,  real 
or  personal,  or  to  individuals  or  corporations; 

To  define  and  regulate  the  relations  and  duties  of  husband  arid  wife,  pa- 
rent and  child,  guardian  and  ward,  and  master  and  servant; 

To  establish  and  r-gulaie  counties,  town?,  cities,  and  districts,  and  rules 
for  the  municipal  government  therein; 

To  regulate    insolvencies; 


136  JOURNAL  OF  THE  CONVENTION.  [Juyl  6. 

To  regulate  elections; 

To  establish  and  regulate  roads,  ferries,  toll-bridges,  and  internal  im- 
provements; 

To  regulate  the  navigation  of  the  waters  of  this  state,  and  internal  com- 
merce; 

To  encourage  agriculture,  the  mechanic  arts,  and  manufactures; 

To  promote  general  education,  the  progress  of  srience  and  the  useful 
arts,  by  establishing  schools  and  institutions  of  learning,  and  such  other 
means  as  may  be  deemed  wise  and  expedient; 

To  provide  for  organizing,  arming,  disciplining,  and  calling  for  the  militia 
to  execute  the  laws  of  the  state,  suppress  insurrections  or  repel  invasions; 

To  fix  and  locate  the  seat  of  government  of  the  state,  build,  repair,  and 
preserve  a  state  house,  and  such  other  public  offices  as  may  be  necessary 
for  the  transaction  of  the  public  business,  and  the  preservation  of  the  ar- 
chives and  public  records; 

To  regulate  the  administration  of  the  several  departments  of  state,  and 
officers  connected  with  the  executive  and  other  departments; 

To  define  and  regulate  the  duties  of  the  agents  of  the  state; 

To  provide  for  making  a  geological  survey  of  the  state; 

To  provide  for  revising  the  laws  of  the  state  from  time  to  time,  and 
publishing  the  same,  in  a  condensed  iorm; 

To  pass  all  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  con- 
stitution in  the  government  of  this  state,  or  any  department  or  officer 
thereof:  all  which  powers  shall  be  exercised  within  the  limitations,  restric- 
tions, and  prohibitions  contained  in  this  constitution. 

And  it  is  expressly  declared  that  the  government  ordained  and  eslab- 
lished  by  this  constitution  is  one  of  limited,  delegated  powers;  and  the 
powers,  not  herein  delegated,  are  reserved  to  the  people,  the  source  of  all 
political  po'ver. 

Which,  on  his  motion,  was  laid  on  the  table,  and  two  hundred  copies 
ordered  to  be  printed  for  the  use  of  the  convention. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning,  9  o'clock. 

TUESDAY,  JULY  6,  1847. 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  the  Kev.  Mr.  Dresser. 

The  journal  of  yesterday  was  read. 

Mr.  Robbins  presented  the  petition  of  Oscnr  F.  McMillan  and  nineteen 
others,  citizens  and  qualified  voters  of  the  state  ol  Illinois,  praying  that 
:i  homestead  of  160  acres  of  land,  or  a  town  lot  of  one  acre,  with  the  im- 
provements, be  exempted  from  mortgage  and  forced  sale,  &c.,  and  also 
4  to  secure  families  a  more  liberal  amount  of  personal  property;*'  when, 
on  his  motion,  the  reading  was  dispensed  with,  and  the  petition  was  re- 
ferred to  the  committee  on  Law  Reform. 

Mr.  Servant  presented  the  petition  and  memorial  of  Jacob  Feaman 
and  thirty-six  others,  inhabitants  of  Kaskaskia,  in  relation  to  the  com- 


July  6.]  JOURNAL  OF  THE  CONVENTION.  137 

mons  granted  by  the  French  government  to  the  inhabitants  of  the  parish 
of  Kaskaskia  on  the  14th  day  of  August,  1743;  which  was  read,  arid,  on 
his  motion,  referred  to  a  special  committee  of  five. 

Ordered,  That  Messrs.  Servant,  Kinney  of  St.  Clair,  Constable,  Roman, 
and  Robbins,  be  that  committee. 

Mr.  Wead  presented  the  petition  of  A.  G.  Little  and  sixty-one  others, 
citizens  of  i  ulton,  Knox,  Peoria,  Mason^  and  Brown  counties,  praying 
that  provision  may  be  made  in  the  new  constitution  for  a  state  superi»t- 
tendent  of  public  instruction,  with  a  liberal  salary;  when,  on  his  motion, 
the  reading  of  the  petition  was  dispensed  with,  and  it  was  referred  to  the 
ommittee  on  Education. 

The  president  presented  the  following  communication  from  the  auditor 
of  public  accounts: 

AUDITOR'S  OFFICE,  ILLINOIS, 

July  5,  1847. 
To  the  honorable, 

The  PRESIDENT  of  the  Convention: 

SIR:  In  compliance  with  the  following  resolution  of  your  body,  to  wit: 
" Resolved,  That  the  auditor  of  state  be  requested  to  furnish  this  conven- 
ion,  in  tabular  form,  a  statement  of  the  revenue  of  the  several  counties 
of  this  5>tate  ;  also,  of  the  state  revenue  from  the  years  1839,  inclusive,  to 
he  present  year;  also,  that   the  auditor  of  state  transmit  a  copy  of  this 
resolution  to  the  clerks  of  the  several  county  commissioners'  courts,  with 
request  that  said  clerks  transmit,  in  form  aforesaid,  all  information  on  the 
objects  aforesaid  which  can  be  obtained  from  the  filts  and  records  of  said 
counties;  and  that  the  said  clerks  further  report  the  amount  of  the  indebt- 
edness of  said  counties  to  said  auditor," 

I  have  the  honcr  to  submit   the  accompanying  statement,  with   the  re- 
mark that  it  contains  the  information  asked  for  so  far  as  ascertainable  from 
he  records  in  this  office. 

I  have  received  reports   from  seventeen  counties,  which  are   herewith 
mb  milted. 
I  have  the  honor  to  be  your  obedient  servant, 

THOS.  H.  CAMPBELL, 

Auditor, 

On  motion  of  Mr.  Kitchrll, 

The  communication,  with  the  report  and  the  accompanying  documents, 
was  referred  to  the  committee  on  Revenue. 

Mr.  Harvey,  from  the  committee  on  Incorporations,  reported  the  fol- 
owingas  proper  to  be  engrafted  as  an  article  in  the  new  constitution  of 
bis  state: 

ARTICLE  — . 

SECTION  1.  Corporations,  not  possessing  banking  powers  or  privileges, 
nay  be  formed  under  general  laws,  but  shall  not  be  created  by  special  acts, 
xcept  for  municipal  purposes,  and  in  cases  where,  in  the  judgment  of 
he  legislature,  the  objects  of  the  corporation  cannot  be  attained  under 
general  laws. 

SEC.  %2.     Dues  from   corporations  not  possessing   banking  powers  or 


138  JOURNAL  OF  THE  CONVENTION.  [July  6. 

privileges,  shall  be  secured  by  such  individual  liabilities  of  the  corporators 
or  other  means,  as  may  be  prescribed  by  law, 

SEC.  3.  No  state  bank  shall  hereafter  be  created,  nor  shall  the  state 
own,  or  be  liable  for,  any  stock  in  any  corporation  or  joint  stock  associa- 
tions for  banking  purposes. 

SEC.  4.  No  banking  powers  or  privileges  shall  be  granted  either  by 
general  or  special  acts  of  incorporation,  unless  directed  by  the  people  of 
tho  state,  as  hereinafter  provided. 

SEC.  5.  The  leaislature  may  at  any  session,  but  not  oftcner  than  once 
in  four  years,  direct  the  vote  of  the  people  to  be  taken  on  the  day  of  the 
general  election,  for  or  against  the  absolute  prohibition  contained  in  the 
fourth  section  of  this  article,  six  months  notice  having  been  first  given, 
and  if  a  majority  voting  shall  decide  against  the  prohibition  contained  in 
the  said  fourth  section,  the  legislature  may  authorize  the  forming  of  cor- 
porations or  associations  for  banking  purposes  by  general  acts  of  incorpo- 
rations, upon  the  following  conditions: 

1.  No  law  shall  be  passed  sanctioning  in  any  manner,  directly,  or  in- 
directly, the  suspension  of  specie  payments. 

%.  Ample  security  shall  be  required  in  specie  of  all  bills  and  notes  put 
in  circulation  as  money,  and  a  registry  of  ail  such  bills  and  notes  shall  be 
required. 

3.  The  stockholders  in   every  corporation  and  joint  stock  association 
for  banking  purposes,  issuing  bank  notes  or  any    kind  of  paper   credits  to 
circulate  as  money,  shall  be  individually  responsible  to  the  amount  of  their 
respective  share  or  shares  of  stock  in  any  such  corporation  or  association, 
for  all  its  debts  and  liabilities  of  every  kind. 

4.  In  case  of  insolvency  of  any  bank  or  banking  associations,  the  bill- 
holders  shall  be  entitled  to  preference  in  payment  over  ait  other  creditors 
of  such  bank  or  assoc  iation. 

5.  Non-payment  of  specie  shall  be  a  forfeiture  of  all   banking  rights 
and   privileges,  and  the  legislature  shall  not  have  power  to  remit  the  for- 
feiture, or  relieve  from  any  of  its   consequences;  and  provision  shall  be 
made  by  law  lor  the  trial,  in  a  summary  way,  by  the  judicial  tribunals  o! 
all  contested  questions  of  forfeiture  of  banking  privileges. 

SEC.  0.  Acts  of  incorporation  for  rrunicipal  purposes,  whether  gener 
al  orspec;al,  may  at  any  time  be  altered,  amended,  or  repealed,  and  al 
general  acts  granting  corporate  powers  of  any  kind  other  than  for  munli 
cipal  purposes,  may  at  any  time  be  altered,  amended  or  repealed,  but  sue! 
alteration,  amendment,  or  repeal  shall,  unless  the  rhht  to  make  the  ^ 
be  reserved,  operate  prospectively. 

Mr.  Harvey  moved  to  lay  the  report  on  the  table,  and  that  two  hun| 
dred  copies  be  printed  for  the  use  of  the  convention. 

Mr.  Cross  of  Winnebago  moved  500  copies. 

On  motion  of  Mr.  Campbell  of  Jo  Daviess, 

The  report  was  laid  on  the  table,  and  1000  copies  ordered  to  be  prin| 
ted. 

Mr.  Harvey,  from  the  same  committee,  which  was  instructed  by  res< 
lution  10  inquire  in!o  the  expediency  of  reporting  sundrv  provisions  to 
adopted  in  the  amended  constitution,  providing  that  '•  there  shall    be 


*uly  6.]  JOURNAL  OF  THE  CONVENTION.  139 

,iank  of  issue  or  discount  within  this  state-,"  &c.,  reported  the  same  back, 
jmd  asked  to  be  discharged  from  the  further  consideration  thereof. 
I    The  question   was  taken,  on  discharging  the  committee,  and  decided 
n  the  affirmative. 

!  Mr.  Kinney  of  St.  Clair,  from  the  minority  of  the  committee  on  Incor- 
porations, reported  the  following  sections,  as  proper  to  be  inserted  in  the 
lew  constitution: 

\   SECTION  1.     No  corporate  body  shall  be  hereafter  created,  renewed  or 
mended  within  this  state  with  banking  or  discounting  privileges. 
SEC.  2.     Corporations  shall  not  be  created  in  this  state  by  special  laws. 
ut  the  legislature  shall   provide   by   general   and   uniform   laws,  under 
hich  corporations  or  associations  of  persons  may  ba  formed,  and  not  oth- 
•wise.  except  corporations  with  banking  or  discounting  privileges,  ihe 
reation  of  which  is  prohibited. 

SEC    3.     No  persons,  corporation,  or  associations  of  persons,  shall  be 

lowed  to  make,  issue,  or  put  in   circulation,   within  this   state,  any    bill, 

leek,  ticket,  certificate,  or  other  paper,  or  the  paper  of  any   bank,  or  ita 

ranches,  or  any  evidence  of  deht  intended  to  circulate  as  money. 

SEC.  4.      No  branch,  or  agency  ot  any  bank,  or  banking  institution  in 

le  United  States,  or  any  state  or  territory,  within  qr  without  the  United 

tatos,  shall  be  established  or  maintained  within  this  state. 

SEC.  5.     The  members  of  such  corporations  or  associations  of  persons 

all  be  individually  liable  for  the  debts,  liabilities,  and   acts  of  such   in- 

jrporation  or  associations,  and  for  the  consequences  resulting  therefrom. 

On  motion  of  Mr.  Davis  of  Massac, 

The  report  was  laid  on  the  table,  and  1.000  copies  ordered  to  be  prin- 
;d  for  the  use  of  the  convention,  with  the  report  of  the  majority. 
Mr.  Harvey  from  the  same  committee  which   had  had  under  considera- 
on  sundry  propositions,  reported  the  same  back,  and  asked  to  be  discharg- 
d  from  the  further  consideration  of  them. 

The  question  was  talten  on  discharging  the  committee,  and  decided  in 
ie  affirmative. 

Mr.  Jenkins,  from  the  committee  on  the  Division  of  the  State  into 
ounties  and  their  Organization,  made  report  of  the  following: 

ARTICLE  — . 

SECTION  1.  No  new  county  shall  be  established  by  the  legislature, 
rhich  shall  reduce  the  county  or  counties  from  which  it  is  taken,  or  eith- 
rof  them,  to  less  content*  than  four  hundred  square  miles;  nor  shall  any 
ounty  be  established  of  less  contents,  unless  it  shall  contain  within  its 
rescribed  limits  four  thousand  inhabitants;  nor  shall  such  new  county 
organized,  until  a  majority  of  the  qualified  voters  within  its  prescribed 
mits,  at  some  election  held  for  that  purpose,  shall  have  voted  in  favor  of 
uch  organization. 

SEC.  "2.     No  county  seat  shall  be  removed,  until  the  point    to  which  it 

prooosed  to  be  removed  shall  be  fixed  by  law,  and  a  majority  of  the 
ualified  voters  of  the  county  shall  have  voted  in  favor  of  its  removal  to 
jch  point. 

SEC.  3,  There  shall  be  established  in  each  county  in  this  state  a  court 
'  record,  to  be  styled  the  county  court,  to  be  composed  of  three  judges. 


140  JOURNAL  OF  THE  CONVENTION.  [July 

SEC.  4.  Each  county  in  this  state  shall  be  divided  into  three  district 
as  nearly  equal,  in  point  of  population,  as  may  be,  and  the  county  judge 
shall  be  selected,  one  from  each  district,  and  elected  by  the  qualified  v< 
ters  of  the  whole  county. 

SEC.  5.  The  county  court  shall  have  power  and  jurisdiction  in  all  ma 
ters  relating  to  county  taxes,  disbursement  of  money  for  county  purpose 
and  in  every  other  case  that  may  be  necessary  to  the  internal  improv< 
ment  and  local  concerns  of  the  county,  and  such  other  powers  and  juri 
diction  as  the  legislature  shall  from  time  to  time  piescribe  by  law. 

SEC.  6.  There  shall  be  established  in  each  county  in  this  state,  a  cou 
of  probate,  which  shall  be  a  court  of  record,  to  consist  of  one  office 
who  shall  be  elected  by  the  qualified  voters  of  the  counties,  respective!1 
and  be  styled  the  judge,  of  probate. 

SEC.  7.  The  courts  of  probate  shall  have  jurisdiction,  in  matters  re 
lating  to  the  settlement  ol  the  estates  of  deceased  persons,  executors,  a< 
ministrators,  and  guardians,  and  such  other  jurisdiction  as  may  be  assigne 
to  them  by  law;  Provided,  however,  that  judges  of  probate  shall  not  a< 
as  justices  of  the  peace. 

SEC.  8.     In  each  of  the  counties  of  this  state  there  shall  be  elected,  b 
the  qualified  voters  therein,  one  clerk  of  the  circuit    court,  one  "clerk 
the  county  court,  one  recorder,  one  judge  of  probate,  one  sheriff,  one  co 
oner,  one  county  surveyor,  one  assessor,  one  collector,  and  one  treasure 
whose  powers  and  duties  shall  be  provided  by  law. 

SEC.  9.  There  shall  be  elected  in  each  county  in  this  state,  in  sue 
districts  or  townships  as  the  county  court  may  designate,  or  as  may  b 
authorized  by  law,  as  many  justices  of  the  peace,  constables,  and  othe 
officers  and  agents  as  may  be  necessary  Jo  conduct  the  business  of  sni 
counties,  respectively,  whose  jurisdiction  and  duties  shall  be  defined  b 
the  legislature. 

SEC.  10.  The  judges  of  the  county  courts,  clerks  of  the  circuit  court 
clerks  of  the  county  courts,  sheriffs,  coroners,  recorders,  judges  of  pr( 
bate,  assessors,  collectors,  treasurers,  justices  of  the  peace,  and  constables 
shall  be  elected  for  two  >ears,  and  until  their  successors  are  elected  an 
qualified,  and  all  other  officers  or  agents,  authorized  by  this  article,  shal 
be  elected  at  such  times  as  the  county  court  may  direct,  or  as  may  b 
otherwise  provided  by  law. 

Mr.  McCallen  rroved  that  the  report  be  laid  on  the  table,  and  100< 
copies  printed. 

The  question  being  taken  on  the  motion,  was  decided  in  the  negative. 
On   motion  of  Mr.  Markley, 

The  report  was  laid  on  the  table,  and  500  copies  thereof  ordered  to  bi 
printed. 

Mr.  Turnbull,  from  the  minority  of  the  same  committee,  reported  thi 
following  as  suitable  to  be  engrailed  into  the  new  constitution: 

SECTION  1.  i\o  county  heretofore  erected  and  organized  shall  be  re 
duced  by  the  legislature  to  a  less  area  than  four  hundred  square  miles 
nor  shall  any  new  county  be  erected  with  a  less  area  than  four  hundre< 
square  miles,  unless  the  population  thereof  shall  entitle  the  same  to  a  re 
presentative  in  the  legislature. 


j  JOURNAL  OF  THE  CONVENTION.  141 

.c.  2.  All  county  and  township  officers  shall  be  elected  by  the  peo- 
of  their  icspective  counties  and  township?, 

BEC  3.  There  shall  be  elected  in  each  county  in  this  state,  one  coro- 
r,  one  sheriff,  ono  county  surveyor,  one  recorder,  one  or  more  assessor?, 
ree  county  commissioners,  and  a  prose<  uting  attorney,  whose  terms  of 
ice,  duties,  and  liabilities  shall  severally  be  prescribed  by  law. 
SEC.  4.  There  shall  be  elected  in  each  county  a  county  treasurer,  who 
all  be  receiver  and  collector  of  the  public  revenue,  and  whose  duties 
d  liabilities  shall  be  prescribed  by  law. 

SEC.  5.     There  shall  be  elected  in  each  county  in  this  state,  a  county 
ditor,  who  shall  enter  all  lands  lying  in  his  county  for  taxation,  shall  be 
jfficio  clerk  for  the  county  commissioners'  court,  and  shall  perform  such 
r  duties  as  may  be  required  of  him  by  law. 

•5C.  6.     There  shall  be  elected  in  each  township  or   fractional  town'- 

in  this  state,  when  the  inhabitants  thereof  shall  exceed  fifty  in  num- 

three  township  trustees,  who  shall  act  as  judges  of  elections  for  state, 

ity,  or  township  purposes,  select  their  ratio  of  juror?,   settle    with  su- 

isors,  and  see  that  the  public  roads   are   kept  in  repair,  and  perform 

other  duties  as  may  be  required  by  law. 

EC.  7.  There  shall  be  elected  one  township  clerk,  one  or  more  super- 
rs,  two  or  more  justices  of  the  peace,  two  or  more  constables,  three 
seers  of  the  poor,  and  three  fence- viewers,  whose  duties  shall  be  pre- 
bed  by  law. 

On  motion  of  Mr.  Turn  bull, 
he  report  of  the  minoriiy  was  laid  on  the  table,  and  500  copies  order- 

0  be  printed  with  the  report  of  the  majority,  for  the  use  of  the  con- 
,ion. 

[r.  Jenkins,  from  the  same  committee,  submitted  the  following  report, 
as  being  the  views  of  a  majority  of  the  committee,  but  by  order  of 
convention: 

>      ARTICLE  — . 

ECTIOX  1.  No  new  county  shall  be  formed  or  established  by  the  legis- 
re  which  will  reduce  the  county  or  counties,  or  either  of  them,  from 
ch  it  shall  be  taken,  to  less  contents  than  four  hundred  square  miles; 
shiill  any  county  be  formed  of  Jess  contents,  nor  any  line  of  which 

1  pass  within  less  than  ten  miles  of  any  county  seat  already  establish- 

EC.  9.  No  county  shall  be  divided,  or  have  any  part  stricken ^there- 
n,  without  submitting  the  question  to  a  vote  of  the  people  of  the  coun- 
nor  unless  a  majority  o!  all  the  legal  voters  of  the  county  shall  vote 
the  same. 

he  committee  also  recommended  to  the  convention  a  reconsideration 
his  subject,  in  order  that  the  last  two  sections  might  not  become  parts 
the  amended  constitution. 

On  motion  of  Mr.  Logan, 

'he  article  last  reported  was  lajd  on  the  table,  and  ordered  to  be  printed, 
imp-inying  the  other  reports,  of  to-day,  on  a  similar  subject. 

On  .notion  of  Mr.  Jenkins, 
'.esolvsd,  That  the  committee  on  the  Judiciary  Department  be  instruc- 


142  JOURNAL  OF  THE  CONVENTION.  [July  6 

ted  to  inquire  into  the  legality,  justice,  and  expediency  of  inserting  in  th< 
amended  constitution  the  following  provis  on,  to  wit: 

That  all  titles  to  land  acquired  by  any  person  by  purchase  of  the  sam< 
at  any  sale  tor  taxes,  made  by  authority  of  this  state,  shall  be  void,  on  th< 
condition  that  the  person  who  owned  the  land,  or  his  legal  representatives 
does,  within  fire  years  from  the  adoption  of  this  consiitution,  pay  to  th< 

purchaser,  his  heirs  or  assigns,  the  sum  paid  by  him  for  the  land,  with 

per  cent,  interest  on  the  same  from  the  time  of  such  sale,  until  the  timeo 
payment,  and  such  reasonable  price  for  the  improvement  made  upon  sue! 
land  as  a  jury  called  for  the  purpose  may  think  is  right,  after  taking  int< 
consideration  the  damage  done  to  the  land  and  timber,  and  deducting  i 
from  the  value  of  said  improvements. 

Reso/ved,  That  if  the  committee  on  the  Judiciary  should  think  the  plai 
proposed  in  the  foregoing  resolution,  for  carrying  into  effect  the  object  con 
templated  therein,  unjust  or  inexpedient,  they  will  report  to  the  conven 
tion  such  other  plan  as  they  deom  expedient,  if,  in  their  opinion,  any  thinj 
can  be  done  to  relieve  such  as  have  lost  their  lands  under  the  operations  c 
said  laws. 

On  motion  of  Mr.  Logan, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  t< 
consider  the  report  of  the  committee  on  the  Lrgislative  Department — Mr 
Woodson  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday  eveninj 
was  on  the  motion  of  Mr.  Scales  to  amend  the  3lst  section  by  striking 
out  all  after  the  word  Haw,"  in  the  fifth  line. 

After  some  time  spent  in  the  consideration  of  the  same, 
On  motion  ot  Mr.  Davis  of  Montgomery, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again 
which  leave  was  granted. 
On  motion, 

The  convention  adjourned  until  three  o'clock,  p.  M. 


THREE  O'CLOCK,  r.  M. 


The  convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Shumway, 
A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in,  when  117  members  answered  to  their  namei 
and  a  quorum  being  present, 

On  motion  of  Mr.  Shumwav, 
Further  proceedings  under  the  call  were  dispensed  with. 

On  motion  of  Mr.  Markley, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  t 
consider  the  report  of  the  committee  on  the  Legislative  Department — Mi! 
Woodson  in  the  chair. 

The  question  pending  when  the  committee  rose  this  morning  was  on  th 
motion  made  on  yesterday  by  Mr.  Scales,  and  stated  in  this  morning's  joui, 
nal. 


July  7.]  JOURNAL  OF  THE  CONVENTION.  143 

Mr.  Logan  moved  to  amend  the  article  by  striking  out  the  3Ist  section. 
The  question  having  been  taken,  the  amendment  was  not  agreed  to. 
The  question  was  then  taken  on  the  amendment  proposed  by  Mr.  Scates, 
and  decided  in  the  negative. 

Mr.  Williams  moved  to  amend  the  31st  section  by  adding  thereto  the 
following: 

"in  court;  Provided,  nothing  herein  contained  shall  prevent  the  pas- 
sage of  any  law  for  seizing  and  holding  persons  or  property  by  mesne  pro- 
cess until  such  trial  can  be  had." 

Mr.  Harvey  moved  to  amend  the  amendment  by  substituting  therefor 
the  words  *•  or  the  law  of  the  land." 

The  question  was  taken  on  agreeing  thereto,  and  decided  in  the  nega- 
;ive. 

The  question  was  taken  on  agreeing  to  the  amendment,  and  decided  in 
ic  affirmative. 

Mr.  Thornton  moved  to  amend  the  same  section  by  inserting  after  the 
ord  "  law,"  in  the  5th  line,  the  following: 

*•  Provided,  the  general  assembly  shall  have  power  to  grant  such  char- 
rs  of  corporation  as  they  may  deem  expedient,  and  riot  prohibited." 

On  motion  of  Mr.  Markley, 

The  convention  rose,  reported  progress,  and  asked  leave  to  sit  again; 
hich  leave  was  granted. 

On  motion, 
The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 

WEDNESDAY,  JULY  7,   1847. 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Hale. 

The  journal  of  yesterday  was  read. 

Mr.  Cross  of  Winnebago  presented  the  petition  of  S.  W.  Leland  and 
lirty-four  others,  citizens  of  Winnebago  county,  praying  that  provis;on 
ay  be  made  in  the  new  constitution  lor  a  state  superintendent  of  schools, 
ith  a  liberal  salary. 

Mr.  Moffett  presented  the  petition  of  L.  H.  Brown  and  twenty-seven 
tbers,  citizens  of  Carroll  county,  praying  for  a  like  provision. 

On  motion,  the  reading  of  the  petitions  was  dispensed  with,  and  they 
rere  referred  to  the  committee  on  Education. 

Mr.  Holme*?,  from  the  minority  of  the  committee  on  Militia  and  Milita- 

'  Affairs,  submitted  the  following  as  suitable  to  be  ingrafted  into  the 
mended  constitution: 

SECTION  1.  The  militia  of  this  state  shall  consist  of  all  free  white  male 
)le- bodied  persons,  residents  of  the  state,  between  the  ages  of  eighteen 
nd  forty-five  years;  except  such  persons  as  now  are  or  may  hereafter  be 
tempted  by  the  laws  of  the  United  States  er  of  this  state,  and  shall  be 
sgistered,  armed,  equipped,  and  trained  as  the  general  assembly  may  pro- 
id  e  by  law. 

SEC.  2.  No  person  shall  be  compelled  to  bear  arms  in  time  of  peace, 
rovided  he  shall  pay  an  equivalent  for  such  exemption;  And  provided, 
\nher,  that  this  section  shall  not  excuse  any  person  from  bearing  armi 


144  JOURNAL  OF  THE  CONVENTION.  [July  7. 

when  called  upon  to  aid  the  civil  authorities,  or  to  suppress  insurrection, 
or  repel  invasion. 

SEC.  3.  Company,  battalion,  and  regimental  officers,  (staff  officers 
excepted)  shall  be  elected  by  the  persons  composing  their  several  compa- 
nies, battalions,  and  regiments. 

SEC.  4.  Brigadier  and  major  generals  shall  be  elected  by  the  officers 
of  their  brigades  and  divisions  respectively. 

Stc.  5.  All  militia  officers  shall  be  commissioned  by  the  governor, 
and  may  hold  their  commissions  tor  such  time  us  the  legislature  may  provide. 

£EC.  6.  The  militia  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest,  during  their  attendance  at  mus- 
ters and  election  of  officers,  and  in  going  to  and  returning  from  the  same. 

The  report  was  read,  and, 

On  motion  of  Mr.  Davis  of  McLean, 

Laid  on  the  table,  and  200  copies  ordered  to  be  printed  for  the  use  of 
the  convention. 

On  motion  of  Mr.  Logan, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again 
to  consider  the  report  of  the  committee  on  the  Legislative  Department — 
Mr.  Woodson  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday,  was  on 
agreeing  to  the  amendment  proposed  by  Mr.  Thornton  to  the  31st  section; 
when, 

Mr.  Thornton  withdrew  the  amendment. 

Mr.  Davis  of  McLean  moved  to  amend  the  same  section  by  striking  out 
all  after  the  word  <•  to,"  in  the  first  line,  to  the  word  "  legislature,"  in  the 
sixth  line,  inclusive. 

Mr.  Caldwell  moved  to  amend  the  amendment  by  striking  out  all  after 
the  word  "other,"  in  the  fourth  line,  to  the  word  "  law,*'  in  the  fifth  line, 
inclusive,  and  to  insert  in  the  third  line,  between  the  word  "  any  "  and 
*•  law,"  the  words  " private  or  special." 

Mr.  Davis  of  McLean  called  for  a  division,  so  as  to  vote  first  on  insert- 
ing. 

The  question  was  taken  on  agreeing  to  the  insertion  of  the  words  "pri- 
vate or  special,"  and  decided  in  the  negative. 

The  question  was  then  taken  on  striking  out  all  between  the  words 
"any  "  and  '•  1  iw,"  and  decided  in  the  negative. 

Mr.  Wead  called  for  a  division,  so  as  to  vote  separately  on  striking  out 
each  paragraph  of  the  amendment  proposed  by  Mr.  Davis  of  McLean. 

The  question  was  then  taken  on  striking  out  the  first  paragraph,  and  de- 
cided in  the  affirmative. 

The  questions  were  successively  taken  on  striking  out  the  second  and 
third  paragraphs,  and  decided  in  the  nffirmative. 

Mr.  Geddes  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

And  the  question  being  taken,  the  motion  was  not  agreed  to. 

The  question  was  taken  on  striking  out  the  fourth  paragraph,  and  that 
part,  also,  of  the  motion,  agreed  to. 

Mr.  Williams  offered  the  following,  to  be  added  to  the  same  section, 
amended : 


July  7.]  JOURNAL  OF  THE  CONVENTION.  H5 

"Or  for  collecting  taxes  by  distress  and  sale  of  personal  property  with- 
out judgment." 

The  question  was  taken  and  the  amendment  agreed  to. 

Mr.  Hogue  moved  to  strike  out  the  whole  section  as  amended. 

On  motion  of  Mr.  Harvey, 

The  committee   rose,  reported  progress,  and  asked  leave  to  sit  again; 
which  leave  was  granted. 

On  motion, 
The  convention  adjourned  to  3  o'clock,  P.  M. 


THREE  O'CLOCK,    P.  M. 


The  convention  assembled  pursuant  to  adjournment. 

Mr.  Z.  Casey  offered  the  following: 

Resolved,  That  this  convention  will  adjourn  sine  die  on  Friday,  the  31s 
inst. 

On  motion  of  Mr.  Markley, 

The  resolution  was  hid  on  the  table. 
On  motion  of  Mr.  Hogue, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  to 
consider  the  report  of  the  committee  on  the  Legislative  Department — 
Mr.  Woodson  in  the  chair. 

The  question  pending  when  the  committee  rose,  was  on   the  motion 
made  by  Mr.  Hogue,  to  strike  out  the  31st  section,  as  amended. 
On  motion  of  Mr.  Logan, 

The3lst  section,  and  the  pending  amendments,  were  informally  passed 
over  for  the  present. 

Mr.  Markley  moved  to  amend  the  3'2d  section  by  inserting  after  the 
word  "law,"  in  the^third  line,  the  following  words: 

"And  in  the  year  eighteen  hundred  and  fifty,  and  every  tenth  year 
thereafter,  the  census  taken  by  authority  of  the  government  of  the  Uni- 
ted States  may  be  adopted  by  the  general  assembly  as  the  enumeration 
of  this  state,'-  and  insert  the  word  "regular1"  between  the  words  "first" 
and  "  session,"  in  the  third  line. 

Mr.  Edwards  of  Sangamon  moved  to  amend  the  amendment  by  strik- 
ing out  the  whole  section,  and  inserting  in  lieu  thereof  the  following: 

"  The  apportionment  of  the  senators  and  representatives  shall  be  made 
according  to  the  census  which  may  be  taken  by  order  of  congress  next 
preceding  the  making  such  apportionment  among  the  several  counties  or 
districts,  to  be  established  by  law,  in  proportion  to  the  number  of  white 
inhabitants." 

The  question  was  taken  on  agreeing  to  the  amendment  to  the  amend- 
ment, and  decided  in  the  negative. 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Thomas  moved  the  following  as  an  additional  section: 

"  Senatorial  and  representative  districts  shall  be  composed  by  contigu- 
ous territory,  bounded  by  county  lines,  and  only  one  senator  allowed  to 
10  i 


146  JOURNAL  OF  THE  CONVENTION.  [July  8. 

each  senatorial,  and  not  more  than  three  representatives  to  any  represen- 
tative district;  Provided,  that  cities  and  towns,  containing  the  requisite 
population,  shall  be  divided  into  separate  districts,  but  the  ratio  of  repre- 
sentation in  such  cities  or  towns  shall  be  equal  to  one  and  a  half  of  that 
required  for  counties,  and  not  more  than  two  representatives  shall  be  al- 
lowed to  each  of  such  districts." 

Mr.  Northcott  moved  to  amend  the  proposed  section  by  striking  out  the 
word  "three,"  and  inserting  in  lieu  thereof  the  word  "one." 

Mr.  McCallen  called  for  a  division,  so  as  to  take  the  vote  first  on  strik- 
ing out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Green  of  Jo  Daviess  called  for  a  division,  so  as  to  take  the  ques- 
tion on  the  first  branch  of  the  proposed  section. 

The  question  was  taken,  and  the  first  branch  of  the  proposed  section 
was  agreed  to. 

Mr.  Minshall  moved  to  amend  the  second  branch  of  the  proposed  sec- 
tion, by  striking  out  the  words  u  and  towns." 

The  question  was  taken,  and  the  amendment  not  agreed  to. 

The  question  was  taken,  and  the  second  branch  of  the  proposed  section 
agreed  to. 

Mr.  Thomas  proposed  the  following  as  an  additional  section: 

uln  forming  senatorial  and  representative  districts,  counties  containing 
a  population  of  not  more  than  one  fourth  over  the  existing  ratio  shall  form 
separate  districts,  and  the  excess  shall  not  be  computed,  but  shall  be  added 
together  and  given  to  such  county  or  counties  in  the  same  judicial  circuit 
not  having  a  senator  or  representative,  as  the  case  may  be,  which  has  the 
larges;  white  population." 

Mr.  Harding  offered  the  following  as  a  substitute  for  the  proposed  sec- 
tion: 

4i  Whenever  a  county  shall  be  entitled  to  a  separate  senator  or  repre- 
sentative, and  has  an  excess  of  population  over  the  existing  ratio,  such 
excess,  unless  it  amounts  to  more  than  one  fourth  of  such  ratio,  shall  be 
disregarded;  and  whenever  a  county  has  two  representatives,  and  has  an 
excess,  such  excess,  unless  it  amounts  to  more  than  one-half  the  existing 
ratio,  shall  be  disregaided." 

On  motion  of  Mr.  Thomas, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again  ; 
leave  was  accordingly  granted. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning  at  9  o'clock. 

THURSDAY,  JULY  8,  1847. 

The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Barge r. 

The  journal  of  Saturday  was  road. 

Mr.  Servant    presented   the  petition   of  Edward   Boucherie  an 
others,  inhabitants  of  Kaskaskia,  in  relation  to  the  commons   near 
town. 


July  8.] 


JOURNAL  OF  THE  CONVENTION. 


147 


On  motion  of  Mr.  Servant, 

The  reading  was  dispensed  with,  and  the  petition  referred  to  the  same 
select  committee  to  which  a  similar  petition  was  referred. 

Mr.  Z.  Casey,  from  the  committee  on  Revenue,  to  which  was  referred 
a  communication  from  the  auditor  of  public  accounts,  with  the  accompa- 
nying papers,  reported  the  same  back,  and  asked  to  be  diicharged  from 
the  further  consideration  thereof. 

The  question  was  taken,  and  the  committee  discharged. 
On  motion  of  Mr.  Pratt, 

The  following  was  adopted  as  a  standing  rule  of  this  convention: 

"  No  member,  either  in  convention  or  in  committee  of  the  whole,  shall 
speak  at  any  one  time,  unless  by  unanimous  leave,  lonorer  than  thirty  min- 
utest 

Mr.  Mark  ley  moved  to  amend  the  18th  rule  by  striking  out  all  after  the 
word  <*  applicable,"  in  the  second  ime,  to  the  word  "  A,"  in  the  4th  line. 
On  motion  of  Mr.  McCallen, 

The  previous  question  was  ordered. 

The  question  was  taken  by  yeas  and  nays, 

It  was  decided  in  the   negative, 


(Nays, 


58 
78 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Atherton 
Blair 

Brockman 
Brown 
Bunsen 
Butler 
Canady 
Caldwell 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 
Dale 
Deitz 
Dunlap 
Eccles 


Mr.  Edmonson 

Mr.  Oliver 

Frick 

Palmer  of  Marshall 

Green  of  Tazewell 

Pratt 

Harper 

Rives 

Harvey 

Robbins 

Hatch 

Robinson 

Hawley 

Roman 

Hay     ' 
Hill 

Rountree 
Scates 

Hunsaker 

Stadden 

James 

Shields 

Kreider 
Kenner 

Spencer 
Sim 

Kinney  of  St.  Clair 
Me  Cully 

Trower 
Vance 

Markley 

Vernor 

Matheny 

Wead 

Moffett 

Witt 

Morris 

Woodson. 

Those  voting  in  the  negative,  are, 


Mr.  Archer 
Ballingall 
Bond 

Bosbyshell 
Grain 

Campbell  of  Jo  Daviesa 
Choate 

Cross  of  Winnebago 
Cross  of  Woodford 
Cloud 
Church 
Churchill 
Davis  of  Montgomery 


Mr.  Davis  of  McLean 
Dawson 
Dummer 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Evey 
Graham 
Geddes 

Green  of  Clay 
Green  of  Jo  Daviess 
Grimshaw 
Harding 


Mr.  Harlan 
Heacock 
Henderson 
Hogue 
Ho  lined 
Hurlbut 
Huston 
Jackson 
Jenkins 
Jones 
Judd 

Kinney  of  Bureau 
Kitchell 


148  JOURNAL  OF  THE  CONVENTION.  [July  8. 

Mr.  Knowlton  Mr.  Mieure  Mr.  Singleton 

Knox  Minshall  Smith  of  Macon 

Lander  Moore  Shumway 

Lasater  Northcott  Thomas 

Laughlin  Norton  Thompson 

Lemon  Palmer  of  Macoupin  Thornton 

Linley  Peters  Turnbullj 

Lockwood  Pinckney  Turner 

-  Loean  Powers  Tattle 

London  Swan  Webber 

McCallen  Sharpe  Williams 

Marshall  of  Coles  Servant  Whitney 

Mason  Sibley  Worcester. 

On  motion  of  Mr.  Edwards  of  Madison, 

The  following  preamble  and  resolutions  were  unanimously  adopted. 

Whereas,  we  have  just  learned,  with  deep  emotion,  that  the  remains  of 
Col.  John  J.  Hardin  and  Capt.  Jacob  Zabriskie  have  reached  St.  Louis, 
and  that  preparations  have  been  made  to  inter  them  with  funeral  honors 
at  Jacksonville;  and  whereas,  these  events  excite  afresh  the  grief  with 
which  ever)'  heart  was  penetrated  when  the  mournful  intelligence  of  their 
fallen  the  bloody  field  of  Buena  Vista  was  first  spread  among  us;  and 
whereas,  it  is  the  custom  of  all  civilized  nations  to  honor  their  illustrious 
dead,  and  especially  those  who  have  gallantly  fought  and  gloriously  fell 
in  the  service  of  their  country ;  and  whereas,  it  is  deemed  highly  right 
and  proper  in  itself,  as  well  as  promotive  of  the  spirit  which  ought  to  an- 
imate a  free  people,  that  we  should  commemorate,  if  not  by  costly  monu- 
ments, at  least  by  a  spontaneous  expression  of  feeling,  the  heroic  deeds 
and  manly  virtues  of  the  deceased;  it  is.  therefore,  by  this  convention 

Resolved,  That  we  do  cordially  sympathize  with  the  friends  ancT  fami- 
'liesof  the  slain,  who,  by  this  awful  visitation,  have  sustained  a  loss  which 
all  the  honors  of  the  world  cannot  deprive  of  its  bitterness. 

Resolved,  That  we  sincerely  mourn  the  loss  of  the  state,  in  the  death 
of  Hardin,  Zabriskie,  Hough  ton,  and  others,  who  have  so  largely  contrib- 
uted to  the  lustre  of  her  arms,  and  the  glory  of  her  name. 

Resolved,  That  in  the  death  of  Col.  Hardin,  we  sincerely  mourn  the  loss 
sustained  by  the  state,  in  being  deprived  of  a  citizen  who  had  deserved- 
ly acquired  the  respect  and  the  aticction  of  the  people,  and  a  statesman 
whose  distinguished  ability  and  integrity  were  justly  admired  by  all. 

Resolved,  That  this  convention,  in  honor  of  those  who  have  so  glorious- 
ly fallen  in  the  service  of  their  country,  do  adjourn,  so  soon  as  informa- 
tion is  received  of  the  arrival  of  the  remains  of  the  deceased  at  Jackson- 
ville, for  the  purpose  of  joining  in  the  celebration  of  the  funeral  ceremo- 
nies of  the  lamented  Hardin  and  Zabriskie. 

On  motion  of  Mr.  Campbell  of  Jo  Daviess, 

Resolved,  unanimously,  That  this  convention,  in  testimony  of  their  deep 
sense  of  the  loss  ths  state  has  sustained  in  the  death  of  the  lamented  Har- 
din, and  other  volunteers  who  have  fallen  in  the  service  of  their  country, 
will  wear  crape  on  the  left  arm  for  thirty  days. 
On  motion  of  Mr.  Brown, 

Resolved,  unanimously.  That  copies  of  the  foregoing  preamble  and  res- 


July  8.]  JOURNAL  OF  THE  CONVENTION.  140 

olutions,  signed  by  the  president  and  secretary,  be  transmitted  by  the  sec- 
retaiy  to  the  families  of  the  deceased. 

On  motion, 

The  convention  adjourned  to  three  o'clock.  P.  M. 

I 

THREE    O'CLOCK,   P.    M. 


The  convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Singleton, 

Leave  of  absence  was  granted  to  Mr.  Brockman  for  six  days. 
On  motion  of  Mr.  Archer, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  to 
consider  the  report  of  the  committee  on  the  Legislative  Department — 
Mr.  VVoodson  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday,  was  on 
agreeing  to  the  substitute  proposed  by  Mr.  Harding  for  the  proposed  sec- 
tion offered  by  Mr.  Thomas. 

Mr.  Harding  withdrew  the  proposed  substitute. 
On  motion  of  Mr.  Bond. 

The  proposed  section  was  amended  by  striking  out  the  word  "  such," 
in  the  seventh  line,  and  by  inserting  in  lieu  thereof,  the  words  "  the  near- 
est," and,  also,  by  striking  out  the  words  ;  in  the  same  judicial  circuit,"  in 
the  eighth  line. 

Mr.  McCallen  moved  the  following  as  a  substitute  for  the  proposed  sec- 
tion: 

"No  district  shall  elect  more  than  one  representative." 

The  question  was  taken,  and  the  amendment  not  agreed  to. 

The  question  was  tiken,  and  the  proposed  section  agreed  to. 
On  motkm  of  Mr,  Archer, 

The  33d  section  was  amended  by  adding  at  the  end  of  said  section,  the 
following: 

"  The  legislature  shall  provide  for  the  publication  of  said  law  for  three 
months  at  least  before  the  vote  of  the  people  shall  be  taken  upon  the 
same.1' 

Mr.  Kenner  moved  further  to  amend  the  same  section  by  striking  out 
all  before  the  word  "  unless,"  in  the  fourth  line,  and  insert  in  lieu  thereof 
the  following: 

"The  state  shall  not  have  power  to  contract  debts." 

Mr.  Sim  proposed  as  a  substitute  for  the  amendment  the  following: 

To  strike  out  all  after  the  word  "  state,"  in  the  first  line,  to  the  word 
"except,'  in  the  second  line,  and  insert  in  lieu  thereof  the  following: 

"Shall  have  no  power  to  borrow  money." 

And  to  strike  out  the  words  "shall  be  contracted,"  and  to  insert  after 
the  word  "same, "in  the  fourth  line,  the  words  "setting  forth  the  amount, 
also  the  particular  purpose  for  which  the  same  is  required." 

The  question  was  taken,  and  the  proposed  substitute  agreed  to. 

Mr.  Edwards  of  Sangamon  moved  the  following  as  a  substitute  for  the 


150  JOURNAL  OF  THE  CONVENTION  [July  3, 

amended  amendment,  to  be  inserted  at  the  commencement  of  the  sec- 
tion: 

"  The  expenditures  of  the  government  for  any  given  period  shall  never 
exceed  the  amount  of  revenue  authorized  by  law,  to  be  raised  in  such 
time  provided,"  and,  also,  to  strike  out  the  word  "  but,"  in  the  first  line. 

The  question  was  taken,  and  the  substitute  agreed  to. 

Mr.  Thomr.s  moved  to  amend  the  amendment  as  amended,  by  striking 
out  the  word  "period,"  and  inserting  the  word  "year." 

The  question  was  taken,  and  the  amendment  to  the  amendment  not 
agreed  to. 

The  question  was  taken,  and  the  amendment  as  amended  was  agreed 
to. 

Mr.  Hayes  moved  to  amend  the  same  section  by  striking  out  all  after  the 
word  "  contracted,"  in  the  fourth  line. 

The  question  was  taken,  and  the  amendment  not  agreed  to. 

Mr.  Sharpe  proposed  to  amend  the  same  section  by  striking  out  the 
words  "the  law  authorizing  the  same  shall,"  in  the  fourth  line,  and  insert  in 
lieu  thereof  the  following: 

"The  same  shall  be  authorized  t>y  law  for  some  single  object  or  work, 
to  be  disiinctiy  specified  therein;  which  law  shall  specify  the  ways  and 
means,  exclusive  of  loans, to  pay  the  interest  of  such  debt  or  liability  as  it 

falls  due,  and  also  to  pay  the  principal  within years  from  the  time  of 

contracting  thereof,  anrl  such  law  sha1!  he  irrepenlable  until  such  debt  or 
liability  is  fully  paid  and  discharged,  and  all  n  oney  raised  by  the  author- 
ity of  such  law  shall  be  applied  only  to  the  specific  object  stated  therein, 
and  to  the  payment  of  the  debt  thereby  created,  and  which  law  shall." 

The  question  was  taken,  and  the  amendment  not  agreed  to. 

Mr.  Powers  moved  to  amend  the  same  section,  as  amended,  by  adding 
thereto  the  following: 

"And  provision  shall  be  made  at  the  time  for  the  payment  of  the  inter- 
est annually  as  it  shall  accrue,  by  a  tax  levied  for  the  purpose,  or  from 
other  sources  of  revenue." 

Mr.  Harvey  moved  to  amend  the  amendment  by  substituting  therefor 
the  following: 

"  Nor  unless  such  law  shall  impose  and  provide  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and 
the  principal  in  ten  years,  such  law  shall  be  irrepealable  till  such  debt  be 
fully  paid.'? 

The  question  was  taken,  and  the  amendment  not  agreed  to. 
On  motion  of  Mr.  Hayes, 

The  following  proviso  was  added  to  the  amendment: 

"Provided  further,  the  law  levying  the  tax  shall  be  submitted  to  the  peo- 
ple with  the  law  authorizing  tht«  contracting  of  the  debt." 

Mr.  Shumway  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  question  was  put,  and  the  motion  not  agreed  to. 
On  motion  of  Mr.  Harvey, 

The  amendment,  as  amended,  was  further  amended  by  inserting  after 
the  word  *'•  revenue,"  the  words  l<  which  said  law  shall  be  irrepealable." 

The  question  was  taken,  and  the  amendment  as  amended  agreed  to. 


July  9.]  JOURNAL  OF  THE  CONVENTION.  151 

Mr.  Scates  moved  to  amend  the  same  section,  as  amended,  by  striking 
out  the  words  *' contract  debts,"  in  the  first  Jine,  and  inserting  in  lieu 
thereof  the  words  u  borrow  money." 

Mr,  Knapp  of  Scott  called  for  a  division  of  the  question. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Kenner  moved  to  strike  out  all  after  the  word  "purpose,"  in  the 
second  line,  to  the  word  *4unless,"  in  the  fourth  line  of  the  same  section,  as 
amended. 

The  question  was  taken,  and  the  amendment  not  agreed  to. 
On  motion  of  .\lr.  Thornton, 

The  same  section,  as  amended,  was  further  amended  by  inserting  after 
the  word  "dollars,''  in  the  second  line,  the  following: 

"  And  the  moneys  thus  borrowed  shall  be  applied  to  the  purpose  for 
which  they  were  obtained,  or  to  re-pay  the  debt  thus  made,  and  to  no 
other  purpose." 

Mr.  Kenner  moved  to  amend  the  same  section,  as  amended,  by  striking 
out  the  words  "and  against  it,"  in  the  fifth  line,  and  inserting  in  lieu 
thereof  the  words  "  members  of  the  genera]  assembly.0 

The  question  was  taken,  and  the  amendment  agreed  to. 
On  motion  of  Mr.  Logan, 

The  committee  rose,  reported   progress,  and  asked  leave   to  sit  again; 
which  was  granted. 
On  motion, 

The  convention  adjourned  to  to-morrow  morning  at  nine  o'clock. 

FRIDAY,  JULY  9,  1817. 

The  convention  assembled  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr.  Bailey. 
The  journal  of  yesterday  was  read. 

Mr.  Hawley  presented  the  petition  of  John  Houston  and  twenty-seven 
others,  citizens  of  Crawford  county,  praying  that  provision  may  be  made 
in  the  new  constitution  for  a  state  superintendent  of  public  instruction 
with  a  liberal  salary. 

Mr.  Spencer  presented    the    petition  of    David    B.    Lamberson  and 
twenty  others,  citizens  of  Rock  Inland  county,  praying  fora  like  provision. 
On  motion,  the  petitions,  without  reading,   were    referred  to  the    com- 
mittee on  Education. 

The  president  laid  before  the  convention  a  communication  from  His 
Excellency,  the  Governor;  which  was  read,  as  follows: 

"  EXECUTIVE  DEPARTMENT, 

Springfield,  July  8,  1847. 
To  the  President  of  the  Constitutional  Convention: 

SIR:  In  compliance  with  a  resolution  of  said  convention,!  have  the  hono 
to  transmit,  herewith,  a  statement  of  the  public  debt  of  the  state  of  Illinois 
so  far  as  the  same  appears  of  record  in  the  office  of  the  fund  commissioner 
I  have  the  honor  to  be,  very  respectfully, 

Your  obedient  servant, 

A.  C.  FRENCH, 
Ex  officio  Fund  Commissioner. 


152  JOURNAL  OF  THE  CONVENTION.  [July  9. 


Outstanding  State  Debt  of  Illinois. 

Bank  and  internal  improvement  bonds,  $1,075,000 

Internal  improvement  bonds,     -             ...  3,644,000 

Sterling  bonds,                           -                          -  594,00 

State  house  bonds,                      -                                        -  92,000 

Internal  improvement  scrip,  655,000 

Wiggins' loan,               -                          -             -  100,000 

Due  State  Bank  of  Illinois,  August  14,  1845,  85,380 


$0,245,380 
Interest  on  same,  July  1,  '41  to  July  1,  '47,     -  -  2,248,372 


$8,493,752 

f  Taken  up  of  bonds  and  scrip,    $117,671 
|  On  sale  of  railroad,  -  21,100 

Deduct^  For  settlement  with  Macalister 
and  Stebbins,  interest  bonds, 
scrip,  &c.,  -  -  190,000 

328,771 


Total  internal  improvement  debt,  $8,164,981 

Total  amount  of  canal  debt  up  to  December  1, '46,  inclu- 
ding interest.     (See  Reports  1846-'7,  page  100.)         §6,009.187  57 


Recapitulation. 

Internal  improvement  debt,  &c.  $8,164,981  00 

Canal  debt,  (exclusive  of  the  §1,600,000.)  -  6,009,187  57 


$14,174,1(,8  57 

Deduct  amount  paid  as  interest  on  public  debt,       -  131,550  35 


Total,  -  $1  1,042,618  22 

Total  amount  of  school,  college,  and  seminary  funds.   (See 

auditor's  report,  session  '46  and  '7,  page  53.)  §870,202  33 

Mr.  Z.  Casey  moved  to  lay  the  communication  and  accompanying  doc- 
uments on  the  table,  and  that  5,000  copies  thereof  be  printed  for  the  use 
of  the  convention. 

Mr.  Thomas  moved  1,000  copies. 

Mr.  Stadden  moved  2,000  copies. 

Mr.  Campbell  of  McDonou^h  moved  3,000  copies. 

The  question  was  successively  taken  on  printing  5,000,  3,000,  and  2,000 
copies,  and  decided  in  the  negative. 


/«/v9.1  JOURNAL  OF  THE  CONVENTION.  153 

.     j 

The  question  was  taken  on  laying  the  communication  and  accompa- 
nying documents  on  the  table, and  printing  1,000  copies  thereof,  and  de- 
cided ia  the  affirmative. 

On  motion  of  Mr.  Hogue, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again  to 
consider  the  report  of  the  committee  on  the  Legislative  Depaitment — Mr. 
Woodson  in  the  chair. 

Mr.  Sharpe  moved  to  take  up  the  motion  of  Mr.  Hogue  to  strike  out 
the  31st  section  as  amended. 

The  question  was  put,  and  the  motion  not  agreed  to. 

Mr.  Thomas  moved  to  amend  the  35lh  section  by  inserting  the  word 
"binding,"  after  the  word  "printing." 

The  question  was  put,  and  the  amendment  agreed  to. 

Mr.  Butler  moved  to  strike  out  the  35th  section. 

Mr.  Churchill  moved  to  amend  the  s?ime  section  by  inserting  between 
the  words  "fuel  and"  the  word  "lights." 

The  question  was  taken  and  the  amendment  not  agreed  to. 

Mr.  Northcott  moved  to  amend  the  same  section  by  adding  the  follow- 
ing proviso: 

"Provided,  That  no  private  acts  shall  be  printed  at  the  public  expense." 

The  question  was  taken  and  the  amendment  not  agreed  to. 

Mr.  Edwards  of  Sagamon  moved  to  amend  the  same  section  by  adding 
thereto  the  following  proviso: 

"Provided,  That  no  private  acts  shall  be  printed  at  the  public  expense 
unless  by  a  vote  of  three-fourths  of  each  house  of  the  general  assembly." 

Mr.  Turnbull  moved  to  amend  the  amendment  by  substituting  there- 
for the  following: 

"Provided  further,  that  ev^ry  private  act  shall  be  published  at  the 
expense  of  the  person  for  whose  benefit  the  same  is  passed,  and  no  such 
act  shall  take  effect  until  published. 

The  question  was  taken,  and  the  substitute  was  not  agreed  to. 

The  question  was  taken,  and   the  amendment  not  agreed  to. 

Mr.  Dawson  moved  further  to  amend  the  same  section  by  inserting 
after  the  word  "state,"  in  the  fourth  line,  the  word  "shall." 

The  question  wn.s  put,  and  the  amendment  agreed  to. 

Mr.  Brown  moved  to  strike  out  the  word  "copying,"  in  the  second  line 
of  the  same  section. 

The  question  was  taken,  and  the  amendment  not  agreed  to. 

Mr.  Scates  rroved  to  amend  the  same  section  by  striking  out  the  word 
uof,"  in  the  second  line  and  inserting  in  lieu  thereof  the  words  "and  all 
other  printing  ordered  by." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr,  Edwards  of  Sangamon  moved  to  amend  the  same  section  by  adding 
thereto  the  following  proviso: 

"Provided,  that  the  General  assembly  may  fix  a  maximum  price.'1 

Mr.  Knapp  of  Jersey  moved  to  substitute  for  the  amendment  the 
folowing: 

"Provided,  that  the  legislature  shall  have  the  right  to  determine  whether 
the  lowest  responsible  bidder,  as  contemplated  in  this  section  shall  be  rea- 


151  JOURNAL  OF  THE  CONVENTION.  [Juty  9, 

sonable  in  its  amount,  and  as  low  as  could  be  obtained  by   private  con* 
tract." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  was  taken  on  agreeing  to  the  proviso,  and  decided  in  the 
affirmative. 

The  question  was  taken  on  striking  out  the  section  and  decided  in  the 
negative. 

Sir.  Singleton  moved  to  take  up  his  motion  to  re-consider  the  vote  by 
which  the  committee  of  the  whole  refused  to  insert  the  words  "fivejears 
in  the  state  and'' after  the  word  "resided,"  in  the  third  line  of  the  third 
section. 

The  question  was  put,  and  the  motion  agreed  to. 

The  question  was  put,  and  the  motion  to  reconsider  not  agreed  to. 
On  motion  of  Mr.  Sharpe, 

The  motion  made  by  Mr.  Hogue,  which  was  informally  passed  over 
some  days  since,  to  strike  out  the  3lst  section,  was  taken  up. 

Mr.  Sharpe  moved  to  strike  out  the  whole  section  as  amended,  and  in- 
sert in  lieu  thereof  the  following: 

<%The  legislature  shall  not  have  power  to  provide  by  law  for  the  sale 
of  non-resident  lands  for  taxes,  until  judgment  shall  first  be  had  against 
the  same." 

Mr.  Palmer  of  Macoupin  moved  that  the  committee  rise,  report  pro- 
gress, and  ask  leave  to  sit  again. 

The  question  wus  put,  and  decided  in  the  negative. 

Mr.  Archer  renewed  the  same  motion. 

The  question  was  put,  and  decided  in  the  negative. 

The  question    was  put,  on  agreeing    to  the  substitute  proposed  by  Mr. 
Sharpe,  and  decided  in  the  negative. 
On  motion  of  Mr.  William?, 

The  same  S2ction,  as  amended,  was  further  amended  by  inserting  after 
the  word  "process"  the  words  4>or  otherwise." 
On  motion  of  Mr.  Logan, 

The  same  section,  as  amended,  was  still  further  amended  by  striking 
out  the  word  "court"  and  inserting  the  words  "by  some  usual  and  regular 
judicial  tribunal,"  in  lieu  thereof. 

The  question  was  then  taken  upon  the  motion  of  Mr.  Ilogue,    to  strike 
out  the  section  and    decided  in  the  negative. 
On  motion  of  Mr.  Z.  Casey, 

The  committee  rose,  reported  back  the  report  of  the  committee  on  the 
Legislative  Department,  with  sundry  amendments,  and  asked  the  concur- 
rence of  the  convention  therein. 
On  motion  of  Mr.  Thomas, 

The  report,  as  amended,  was  laid  on  the  table,  and  200  copies  ordered 
to  be  printed  for  the  use  of  the  convention. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


w/yO.]  JOURNAL  OF  THE  CONVENTION.  155 

THREE  O'CLOCK,  p.  M. 


The  convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Lockwood, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  to  con- 
der  the  report  of  the  committee  on  the  Executive  Department — Mr. 
/rain  in  the  chair. 

Mr.  Lockwood  moved  to  amend  the  second  section,  by  adding  thereto 
be  following,  before  the  words  "the  governor,"  in  the  first  line: 

"The  first  election  of  governor  shall  be  held  on  the  first  Monday  of 
'ovember,  1848,  and  the  next  election  shall  be  held  on  the  first  Monday 
:  November,  1852,  and  forever  thereafter  elections  for  governor  shall 
e  held  once  in  four  years,  on  the  first  Monday  of  November." 

Mr.  Dale  moved  to  amend  the  amendment  by  striking  out  the  words 
LS5'2,"  and  insert  in  lieu  thereof  the  words  U1850,"  and  by  striking  out 
x>ur"  and  inserting  "two." 

The  question  was  taken,  and  the  amendment  to  the  amendment  not 
gjreed  to. 

The  question  was  taken  and  the  amendment  agreed  to. 

Mr.  Lockwood  moved  to  amend  the  third  section  by  substituting 
lerefor  the  following:: 

A<SEC.  3.  The  first  governor  shall  enter  upon  the  duties  of  his  office  on 
le  second  Monday  of  January,  1849,  and  shall  hold  his  office  until  the 
jcond  Monday  of  January,  1853,  arid  until  another  governor  shall  be 
ectecl  and  qualified  to  office;  and  forever  after  the  governorshall  hold  his 
fice  for  the  term  of  four  years  and  until  another  governor  shall  be  elec- 
sd  and  qualified,  but  he  shall  not  be  eligible  for  more  than  four  years  in 
ny  term  of  eight  years." 

Mr.  Cross  of  Winnebago  moved  to  amend  the  amendment  by  striking 
Ut  all  after  the  last  word  "qualified." 

The  question  was  taken,  and  the  amendment  to  the  amendment  rejected. 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Farwell  moved  to  reconsider  the  vote  taken  on  agreeing  to  the 
mend  merit  added  to  the  second  section;  which  motion  lies  over  one  day, 
nder  the  rule. 

Mr.  Edwards  of  Sangamon  moved  to  add  to  the  third  section  as  amen- 
ed  the  following: 

i;Nor  to  any  other  office  until  after  the  expiration  of  his  term  for  which 
e  was  elected." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Pratt  moved  to  strike  out  the  4th  section  and  insert  in  lieu  thereof 
le  following: 

"No  person  except  a  citizen  of  the  United  States,  and  who  shall  have 
een  a  resident  of  this  state  for  the  period  of  five  years  next  preceding 
s  election  shall  be  eligible  to  the  office  of  governor;  neither  shall  any  per- 

n  be  eligible  to  that  office  who  shall  not  have  attained  the  age  of  thirty 
ears." 


156  JOURNAL  OF  THE  CONVENTION.          [July  1C| 

The  queition  was  taken,  and  the  amendment  not  agreed  to. 

Mr.  Lemon  moved  to  amend  the  same  section  by  striking  out  ihe  word 
"thirty-five,"  and  inserting  in  lieu  thereof  the  words  "forty-five." 

The  question  was  taken,  and  the.  amendment  not  agreed  to. 
On  motion  of  Mr.  Scates, 

The  same  section  was  amended  by  striking  out  all  after  the  won 
"except,"  in  the  first  line,  the  words  "a  natural  born  citizen  or,"  and  m 
striking  out  the  words  "at  the  adoption  of  this  constitution." 

Mr.  Logan  moved  to  further  amend  the  same  section  by  adding  there  tj 
the  words:  "and  have  been  a  citizen  of  the  United  States  fifteen  years.' 
On  motion  of  Mr.  Campbell  of  Jo  Daviess, 

The  committee  rose,  by  Mr.  Grain,  their  chairman,  reported  progress 
and  asked  leave  to  sit  again;  which  was  granted. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 


SATURDAY,  JULY  10,  1847. 


The  convention  assembled  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr.  Brown. 


The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  VVhil 


hitney. 

Leave  of  absence  was  granted  to  Mr.  Adams  for  ten  days,  in  conse 
quence  of  sickness  in  his  family. 

Mr.  Knowlton  presented  the  petition  of  Asahel  Wilmot,  and  seventy 
seven  others,  citizens  of  Peoria  and  Marshall  counties,  praying  that  pro 
vision  may  be  made  in  the  new  constitution  for  a  superintendent  of  pubj 
lie  instruction,  with  a  liberal  salary;  which,  without  reading,  was  referreij 
to  the  committee  on  Education. 

Mr.  Nichols  presented  the  petition  of  John  Brown,  and  twenty-twd 
others,  praying  that  effective  provision  may  be  made  for  the  exemption 
of  a  homestead  of  160  acres  of  land,  or  a  town  lot  of  one  acre,  with  th« 
improvements,  from  mortgage  and  forced  sale,  for  any  debt  or  liability  en 
tered  into  from  and  after  the  adoption  of  the  constitution;  which  waj 
read,  and,  on  his  motion,  referred  to  the  committee  on  Law  Reform. 

Mr.  Thomas  moved  to  take  from  the  table  a  resolution  introduced  bj 
him  some  days  since  in  relation  to  additional  rules. 

The  question  was  taken,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Thomas, 

The  resolution  was  referred  to  the  same  committee  first  raised  on  th<1 
subject  of  rules. 

Mr.  Hayes  offered  the  following: 

Resolved^  That  all  the  subjects  which  have  been  referred  to  the  com 
mittee  of  the  whole  convention  be  taken  from  that  committee,  and  herej 
after  the  use  of  committees  of  the  whole  in  the  deliberations  of  this  bod;! 
shall  be  discontinued. 

Mr.  Hayes  moved  to  refer  the  resolution  to  the  same  committee  to  whicl1 
was  referred  the  resolution  of  Mr.  Thomas. 


ily  10.]  JOURNAL  OF  THE  CONVENTION.  157 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Haves  then  withdrew  the  resolution. 
On  motion  of  Mr.  Lockwood, 

The  convention  resolved   itst-lf  into  a  committee   of  the  whole,  again 

consider  the  report  of  the  committee  on  the  Executive  Department — 
[r.  Grain  in  the  chair. 

The  quesiion  pending  when  ihe  committee  rose  on  yesterday,  was  on 
e  amendment  offered  by  Mr.  Logan  to  the  fourth  section. 

Mr.  Logan  modified  the  amendment  by  striking  out  the  word  "fifteen," 
id  inserting  in  lieu  thereof  the  word  "fourteen." 

The  question  was  taken,  and  the  amendment  as  modified  was  agreed  to. 

Mr.  Mark  ley  moved  further  to  amend  the  same  section,  bv  striking  out 
e  word  "  five." 

The  question  was  put,  and  the  amendment  rejected. 

Mr.  Markley  moved  to  reconsider  the  vote  taken  on  the  amendment 
fered  by  Mr.  Logan;  which  lies  over  one  day. 

Mr.  Whitney  moved  to  reconsider  the  vote  just  taken  on  the  amend- 
ent  proposed  by  Mr.  Markley;  which  lies  over  one  day. 

Mr.  Jones  moved  further  to  amend  the  same  section  by  striking  out  the 
ords  "at  the  time  of  the  adoption  of  this  constitution." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Shurnway  moved  to  amend  the  fifth  section  further  by  striking  out 
e  word?  "twelve  hundred  and  fifty,"  and  inseit  in  lieu  thereof  the 
ords  "  one  thousand." 

Mr.  Cross  of  Winnebago  moved  to  amend  the  amendment  by  striking 
at  the  words  "  one  thousand,"  and  inserting  in  lieu  thereof  the  words 
two  dollars  per  day  for  the  first  forty-two  days,  and  one  dollar  per  day 
r  each  day's  actual  service  thereafter." 

The  question  was  taken,  and  the  amendment  to  the  amendment  agreed 
'.  ^ 

The  question  recurrecl  on  the  amendment  as  amended,  when, 

Mr.  Edwards  of  Sangamon  called  for  a  division,  so  as  to  take  the  vote 
rst  on  striking  out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Knapp  of  Jersey  offered  the  following  as  a  substitute  for  the  fifth 
ction : 

"That  the  governor  shall  receive  the  sum  of  fifteen  hundred  dollars  per 
nnum  for  his  services  as  governor,  and  which  sum  shall  not  be  increased 
or  diminished." 

Mr.  Dale  moved  to  amend  the  amendment  by  striking  out  the  words 
fitteen  hundred,*'  and  insert  in  lieu  thereof  the  words  "  one  thousand." 

Mr.  Vance  called  fora  division,  so  as  to  take  the  question  first  on  strik- 
igout  the  words  "fifteen  hundred." 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative. 

The  question  was  taken  on  inserting  the  sum  of  "one  thousand,"  and 
ecided  in  the  negative. 

Mr.  Campbell  of  Jo  Daviess  moved  to  amend,  the  amendment  by  sub- 
ituti"g  therefor  the  following: 

The  governor  shall  reside  at  the  seat  of  government,  and  receive  for 


158  JOURNAL  OF  THE  CONVENTION.  {July  V 

his  salary  the  sum  of  two  thousand  dollars  per  annum,  which  shall  not  b 
increased  or  diminished,  and  he  shall  be  ex  officio  fund  commissioner." 

On  motion  of  Mr.  Logan, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again 
which  was  granted. 

On  motion, 
The  convention  adjourned  until  Monday  morning,  at  9  o'clock. 


MONDAY,  JULY  12,  IS47. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Palmer  of  Marshall,  a  member. 

The  journal  of  yesterday  was  read. 

Mr,  Lockwood  offered  the  following,  to  be  added  to  the  revised  const 
tution,  as  an  article  in  relation  to  taxation: 

Hereafter  no  purchaser  of  any  land  or  town  lot,  at  any  sale  of  lands  c 
town  lots  for  taxes  due,  either  to  this  state,  or  any  county  or  incorporate 
town  or  city  within  the  same,  or  at  any  sale  for  taxes  or  levies  authorize 
by  the  laws  of  this  state,  shall  be  entitled  to  a  deed  for  the  land  or  tow 
lot  so  purchased,  until  he  or  she  shall  have  complied  with  the  followin 
conditions,  to  wit:  such  purchaser  shall  serve,  or  cause  to  be  served, 
written  notice  of  such  purchase  on  every  person  in  possession  of  sue 
land  or  town  lot,  three  months  before  the  expiration  of  the  time  of  n 
demptiori  on  such  sale,  in  which  notice  he  shall  state  when  he  purchase 
the  land  or  town  lot,  the  description  of  the  land  or  lot  he  has  purchase 
and  when  the  time  of  redemption  will  expire.  In  like  manner  he  sha 
serve  on  the  person  or  persons,  in  whose  name  or  names  such  land  or  1( 
is  or  are  taxed,  a  similar  written  notice  if  such  person  or  persons  shall  r 
side  in  the  county  where  such  land  or  lot  shall  be  situated.  And  in  th 
event  the  person  or  persons,  in  whose  name  or  names  the  land  or  lot 
taxed,  do  not  reside  in  the  county,  such  purchaser  shall  publish  such  notic 
in  some  newspaper  printed  in  such  county,  and  if  no  newspaper  is  printe 
in  the  county,  then  in  the  nearest  newspaper  that  is  published  in  th 
state  to  the  county  in  which  such  land  or  lot  is  situated,  which  notic 
shall,  be  inserted  three  times,  the  last  time  not  less  than  three  months  b 
fore  the  time  of  redemption  shall  expire.  Every  purchaser,  by  himself  c 
agent,  shall,  before  he  shall  be  entitled  to  a  deed,  make  an  affidavit  of  h 
having  complied  with  the  conditions  of  this  section,  which  shall  be  d< 
livered  to  the  person  authorized  by  law  to  execute  such  tax  deed,  an 
which  shill  by  him  be  filed  with  the  clerk  of  the  circuit  court  of  the  count 
where  such  land  or  lot  shall  lie,  to  be  by  such  clerk  carefully  preserve 
among  the  files  of  his  office.  Any  person  swearing  falsely  in  any  sue 
affidavit  shall  be  deemed  guilty  of  perjury  and  punished  accordingly.  I 
case  any  purchaser  shall  be  compelled  under  this  section  to  publish  a  nc 
tice  in  anewspaper,  then,  before  any  person  who  may  have  a  right  to  re 
deem  such  land  or  lot  from  such  tax  sale  shall  be  permitted  to  redeem,  h 
or  she  shall  pay  the  officer  or  person  who,  by  law,  is  authorized  to  recei 


\My  12.]     JOURNAL  OF  THE  CONVENTION.        159 

(such  redemption  money,  the  printers  fee  for  publishing  such  notice  and  the 
expense  of  swearing  or  affirming  to  the  affidavit  and  filing  the  same. 
On  motion  of  Mr.  Hurlbut, 

The  proposed  article  was  laid  on  the  table,  and  200  copies  ordered  to 

printed  for  the  use  of  the  convention. 

Mr.  Scates,  from  the  committee  on  the  Judiciary  Department,  made  the 
olio  wing  report: 

Mr.  President:  The  committee  on  the  Judiciary,  to  which  have  been 
•eferred  so  much  of  the  present  constitution  as  relates  to  that  department 
>f  the  government,  together  with  various  resolutions  of  enquiry  relative  to 
he  expediency  of  sundry  changes,  amendments,  and  modifications  in  the 
organization  of  that  department;  and,  also,  in  relation  to  attorney  gener- 
il,  and  state's  attorneys,  and  county  attorneys,  &c.,  have  had  those  sev- 
;ral  subjects  under  consideration,  and  have  directed  me  to  report  the  fol- 
owing  article  to  be  inserted  in  the  constitution: 

ARTICLE  — . 

SECTION  1 .  *-The  judicial  power  of  this  state  shall  be  vested  in  one  su- 
>reme  court,  in  circuit  courts,  and  in  such  inferior  courts  as  the  legislature 
ball,  fronvtime  to  time,  ordain  and  establish. 

SEC.  &  The  supreme  court  shall  have  appellate  jurisdiction  only,  ex- 
;ept  in  cases  relating  to  the  revenue;  and  power  to  issue  writs  of  habeas 
arpus,  mandamus,  prohibition,  quo  warranto,  informations,  in  the  nature  of 
vrits  of  quo  wnrranto  and  certiorari,  and  to  hear  and  determine  the  same, 
md  in  such  cases  of  impeachment  as  may  be  required  to  be  tried  before 
t. 

SEC.  3.  The  supreme  court  shall  consist  of  one  chief  justice,  and  two 
tssociate  justices,  who  shall  be  not  less  than  thirty-five  years  of  age,  and 
tiall  receive  a  salary  of  twelve  hundred  dollars  per  annum  each,  and  no 
nore,  payable  quarterly. 

SEC.  4.  The  justices  of  the  supreme  court  shall  be  elected  by  the 
ualified  voters  of  the  state  on  the  first  Monday  of  March  after  the  adop- 
ion  of  this  article;  returns  whereof  shall  be  made  to  the  secretary  of 
tate,  who  shall  count  the  same  in  the  presence  of  the  governor  and  au- 
itor,  or  either  of  them;  the  three  persons  having  the  highest  number  of 
fOtes  shall  be  elected. 

SEC.  5.  The  secretary  of  state  shall,  in  the  presence  of  the  same  per- 
ons.  draw  the  names  of  the  said  justice*  by  lot;  the  justice  whose  name 
3  first  drawn,  shall  be  chief  justice,  and  hold  his  office  for  six  years;  the 
econd  drawn,  shall  hold  his  office  four  years;  the  other^two  years;  and 
ach  until  his  successor  is  commissioned  and  qualified.  Thereafter,  an 
lection  shall  be  held  every  two  years,  on  the  first  Monday  of  March,  for 
ne  justice  of  the  supreme  court,  who  shall  hold  his  office  six  years,  and 
ntil  his  successor  is  qualified.  After  the  term  of  the  first  chief  justice 
xpires,  the  justice  oldest  in  commission  shall  be  chief  justice. 

SEC.  6.  One  term  of  the  supreme  court  shall  be  held  annually,  in 
ach  judicial  circuit,  at  such  time  and  place  as  may  be  provided  by  law. 

SEC  7.  There  shall  be  twelve  judicial  circuits,  which  may  be  increas- 
d  from  time  to  time,  as  the  legislature  may  provide. 


160  JOURNAL  OF  THE  CONVENTION.          [July  12. 

SEC.  8.  At  the  first  election  for  justices  of  the  supreme  court,  and  on 
the  first  Monday  of  March  every  six  years  thereafter,  the  qualified  elec- 
tors of  each  judicial  circuit  shall  elect  a  judge  for  said  circuit,  who  shall 
be  not  less  than  thirty  years  of  age,  and  resident  in  said  circuit;  returns 
whereof  shall  be  made  and  canvassed  as  provided  in  section  four.  They 
shall  hold  their  offices  for  six  years,  and  until  their  successors  are  qualified; 
and  each  shall  receive  a  salary  of  one  thousand  dollars  per  annum,  arid 
no  more,  payable  quarterly. 

SEC.  9.  The  governor  shall  fill  by  appointment  all  vacancies  that  may 
happen  in  the  supreme  or  circuit  courts  within  one  year  of  the  expiration 
of  the  term,  otherwise  he  shall  issue  a  writ  for  a  special  election;  returns 
whereof  shall  be  made  and  canvassed,  as  provided  in  section  four. 

SEC.  10.  No  person  holding  an  office  of  honor,  trust,  or  profit,  under 
the  government  of  the  United  States  or  this  state,  shall  be  eligible  to  a 
judicial  office  in  a  court  of  record  during  the  time  for  which  he  was  ap- 
pointed to  said  office.  Nor  shall  any  justice  or  judge  of  the  supreme  or 
circuit  court  be  eligible  to  any  other  than  a  judicial  office,  during  the  tim< 
for  which  he  may  have  been  elected  or  appointed. 

SEC.  11.  For  any  reasonable  cause,  which  shall  not  be  sufficient  groun< 
for  impeachment,  both  justices  and  judges  shall  be  removed  from  offic< 
on  the  address  of  two-thirds  elected  to  each  branch  of  the  general  assem- 
bly; Provided,  always,  that  no  member  of  either  house  of  the  general  as- 
sembly shall  be  eligible  to  fill  the  vacancy  occasioned  by  such  remov 

SEC.  14.     The  governor  shall  commission  the  justices  and  judges  forj 
the  terms  as  provided  in  this  article. 

SEC.  13.  Two  or  more  terms  of  the  circuit  court  shall  be  held  annual- 
ly in  each  county. 

SEC.  14.  At  the  first  election  of  justices  of  the  supreme  court,  an< 
every  two  years  thereafter,  a  clerk  of  the  circuit  court  of  each  countj 
shall  be  elected  by  the  qualified  voters  thereof. 

SEC.  15.  The  clerk  of  the  circuit  court  of  the  county  in  which  tl 
supreme  court  shall  sit  shall  be  clerk  of  the  supreme  court  for  that  judicii 
circuit. 

SEC.  16.  A  competent  number  of  justices  of  the  peace  shall  be  ele< 
ted  by  the  people  in  each  county,  in  such  manner  as  the  general  assemblj 
may  direct,  whose  term  of  service,  powers,  and  duties  shall  be  regulatec 
and  defined  by  law,  with  jurisdiction  not  exceeding  one  hundred  dollar 
They  shall  be  commissioned  by  the  governor. 

SEC.  17.  At  the  first  election  for  justices  of  the  supreme  court,  am 
every  two  years  thereafter,  an  attorney  general  shall  be  elected  by  th< 
electors  of  the  state,  who  shall  be  commissioned  by  the  governor,  hold  hit 
office  two  years,  and  receive  an  annual  salary  of  five  hundred  dollars,  pay- 
able  quarterly;  and  whose  duties  shall  be  prescribed  by  law. 

SEC.  18.     At  the  first  election  for  judge  of  the  circuit  court,  and  evel 
two  years  thereafter,  there  shall  be  elected,  by  the  voters  of  each  circuit 
a  state's  attorney,  who  shall   be  commissioned  by  the  governor,  hold  hi} 
office  for  two  years,  and  receive  an  annual  salary  of  four  hundred  dollars 
payable  quarterly,  and  whose  duties  shall  be  prescribed  by  law. 
On  motion  of  Mr.  Markley, 


July  12.]          JOURNAL  OF  THE  CONVENTION.  161 

The  report  was  laid  on  the  table,  and  200  copies  ordered  to  be  printed 
for  the  use  of  the  convention. 

Mr.  Scatee,  from  the  Judiciary  committee,  which  was  instructed  to  in- 
quire into  the  expediency  of  sundry  propositions,  and  to  which  was  also 
referred  sundry  resolutions  and  communications,  reported  the  same  back, 
and  asked  to  be  discharged  from  the  further  consideration  thereof. 

The  question  was  taken,  and  the  committee  discharged. 

Messrs.  Davis  of  Massac  and  Wead,  from  the  minority  of  the  commit- 
tee on  the  Judiciary,  made  the  following  report: 

ARTICLE  — . 

' 

SECTION  1.  The  judicial  power  of  this  state  shall  be  vested  in  one  su- 
preme court,  in  circuit  courts,  injustices  of  the  peace,  and  in  such  other 
courts  as  the  legislature  may,  from  time  to  time,  establish. 

SEC,  2.  The  supreme  court  shall  consist  of  three  judges,  any  two  of 
whom  shall  forma  quorum;  and  the  concurrence  of  two  of  said  judges 
shall,  in  all  cases,  be  necessary  to  a  decision. 

SEC.  3.  The  state  shall  be  divided  into  three  grand  divisions,  as  nearly 
equal  as  may  be,  and  the  qualified  electors  of  each  division  shall  elect  one 
of  said  supreme  judges  for  the  term  of  six  years.  The  legislature  may 
change  or  alter  said  divisions  to  meet  the  exigencies  of  the  people. 

SEC.  4.  The  office  of  one  of  said  judges  shall  be  vacated  in  two  years, 
of  one  in  four  year",  and  of  one  in  six  years,  to  be  decided  by  lot,  so  that 
one  of  said  judges  shall  be  elected  once  in  every  twu  years.  The  judge 
having  six  years  to  serve  shall  be  the  first  chief  justice,  after  which  the 
judge  having  the  oldest  commission  shall  be  chief  justice. 

SEC.  5.  The  supreme  court  shall  have  appellate  jurisdiction  only,  ex- 
cept in  cases  relating  to  the  revenue,  in  cases  of  mandamus,  and  to  <rrant 
writs  of  habeas  orpus*  certiorari^  quo  warranto,  informations  in  the  nature 
of  quo  warranto,  and  all  other  remedial  writs,  and  hear  and  determine  the 
same. 

SEC.  6.  The  supreme  court  shall  sit  at  least  once  in  each  year  in  each 
of  the  three  grand  divisions  in  this  state,  and  in  such  other  places  as  may 
be  prescribed  by  law. 

SEC.  7.     The  state   shall  be   divided  into  twenty  judicial   districts,  in 
each  of  which  one  circuit  judge  shall  be  elected  by  the  qualified  electors 
;  thereof,  who  shall  hold  his  office  for  the  term  of  four  years,  and   until  his 
successor  shall  be  commissioned  and  qualified. 

SEC.  8.  There  shall  be  four  terms  of  the  circuit  court  held  in  each 
i  county  in  this  state,  in  each  year;  and  said  circuit  courts  shall  have  juris- 
|  diction  in  all  oases  at  law  and  in  equity,  in  prosecution  for  crimes  and  mis- 
j  demeanors,  and  in  cases  of  appeal  from  all  inferior  courts. 

SEC.  9.     All  vacancies  in  the  supreme  and  ciicuit  courts  shall  be  filled 
j   by  election  as  aforesaid;   Provided,  however,  that   if  the  unexpired   term 
does  not  exceed  one  year,   the  vacancy  shall  be   filled  by  executive  ap- 
pointment. 

SEC.  10.  .  Th~  justices  of  the  supreme  court  shall  receive  a  salary  of 
'  twelve  hundred  dollars  per  annum,  payable  quarterly,  and  no  more.  The 


162  JOURNAL  OF  THE  CONVENTION.          [July  12. 


judges  of  the  circuit  courts  shall  receive  a  salary  of  five  hundred 
per  annum,  payable  quarterly,  and  a  ducket  lee  of  cue  dollar  per  am  um, 
payable  quarterly,  and  a  docket  fee  of  one  dollar  in  eat  h  cause  enured 
on  the  docket  of  said  court,  except  for  the  allowance  of  claims  in  pro- 
bate cases  not  litigated,  and  in  smis  instituted  in  former  |  aujeries;  i.ich 
docket  fee  shall,  in  all  cases,  be  advanced  before  the  cause  shall  be  enter- 
ed on  the  docket  of  said  c«,uit. 

SEC.  1  1.  No  person  shall  be  eligible  to  the  office  of  judge  of  any  rourt 
in  this  state,  who  is  not  a  citizen  of  the  United  States,  who  shall  i.ot.  have 
resided  in  this  state  two  years  next  preceding  his  election,  and  who  shall 
not,  at  the  time  of  his  election,  reside  in  the  division  or  circuit  \\here 
elected.  No  judge  shall,  during  the  term  ior  which  he  shall  ha\«  been 
elected,  and  two  years  thereafter,  be  eligible  to  any  office  or  place  of  trust 
except  a  judicial  office. 

SEC.  12.  Any  judge  of  the  supreme  court  may  be  removed  from  office, 
by  address  of  both  houses  of  the  legislature,  if  two-thirds  of  all  the  mem- 
bers of  each  house  concur  therein,  but  no  removal  shall  be  made  unless  the 
party  complained  of  shall  have  been  served  with  a  copy  of  the  complaint, 
against  him,  and  shall  have  had  an  opportunity  of  beiii£  heard  in  his  de- 
fence. 

SEC.  13.  There  shall  be  elected  by  the  qualified  voiers  of  this  state 
one  attorney  general,  who  shall  held  his  office  for  the  term  of  two  years, 
and  until  his  successor  shall  be  commissioned  and  qualified.  He  shall  per- 
form such  duties,  and  receive  such  lees  as  may  be  prescribed  by  law.  He 
shall  also  receive  a  salary  of  rive  hundred  dollars  per  annum,  payable  quar- 
terly. 

SEC.  14.  There  shall  be  elected  in  each  of  the  judicial  circuits  by  the 
qualified  electors  thereof,  one  prosecuting  attorney,  who  shall  hold  his 
office  for  the  term  of  two  years,  and  until  his  successor  shall  be  commis- 
sioned and  qualified,  who  shall  perform  such  duties,  and  receive  such  fees 
as  may  bz  prescribed  by  law.  Each  of  saiu  prosecuting  attorneys  shall 
receive  a  salary  of  two  hundred  dollars  per  annum,  ray  a  hie  quarterly 

SEC.  15.  1  he  qualified  electors  of  each  county  in  this  state  shall  elect 
a  clerk  of  the  circuit  court,  who  shall  hold  his  office  for  the  term  of  two 
years,  and  until  his  successor  shall  be  commissioned  and  qualified,  who 
shall  perform  such  duties  and  receive  such  compensation  as  may  be  pre- 
scribed by  law.  The  clerk  of  the  circuit  court  in  the  county  where  the 
supreme  court  shall  si',  shall  be  clerk  of  the  supreme  court. 

SEC.  16.  The  qualified  electors  of  the  several  townships  or  districts  of 
this  state  shall  elect  a  competent  number  of  justices  of  the  peace,  who 
shall  hold  their  offices  for  the  term  of  two  years,  and  until  their  sucrr  «  rs 
shall  be  commissioned  and  qualified,  who  shall  perform  such  duties,  re- 
ceive such  compensation,  and  exercise  such  jurisdiction,  (not  exceeding  one 
hundred  dollars  in  civil  cases,)  as  may  be  prescribed  by  law. 

SEC.  17.  The  general  assembly  shall  provide  by  law,  in  what  manner 
and  for  what  cause  the  attorney  general,  the  prosecuting  attorneys,  the 
clerks  of  the  circuit  and  supreme  courts,  and  justices  of  the  peace,  or  any 
of  i  hem,  may  be  removed  from  office,  but  all  vacancies  in  either  of  said 
offices  shall  be  filled  by  election;  Provided,  however,  that  if  the  unexpired 


July  12.]          JOURNAL  OF  THE  CONVENTION.  163 

term  do  not  exceed  one  year,  the  vacancy  shall  be  filled  in  such  manner  as 
may  be  provided  by  law. 

SEC.  18.  An  election  for  the  several  officers  namod  in  this  article  shall 
be  held  on  the  second  Monday  in  March  next,  after  the  adoption  of  this 
constitution,  and  every  two  years  thereafter. 

Mr.  Peters  moved  that  the  report  be  laid  on  the  table,  and  200  copies 
ordered  to  be  printed  for  the  use  of  the  convention. 

Mr.  Campbell  of  Jo  Daviess  moved  1000  copies. 

The  question  was  taken  on  printing  1000  copies,  and  decided  in  the 
negative. 

The  question  was  taken  on  the  motion  to  print  200  copies,  and  decided 
in  the  affirmative. 

On  motion  of  Mr.  Campbell  of  Jo  Daviess, 

A  call  of  the  convent'on  was  ordered. 

The  call  was  proceeded  in,  and  a  quorum  being  found  to  be  present,  on 
motion,  further  proceedings  under  the  call  were  dispensed  with. 
On  motion  of  Mr.  Mark  ley, 

Leave  of  absence  was  granted  to  Mr.  Kreider  for  six  days. 
On  motion  of  Mr.  Armstrong, 

Leave  of  absence  was  granted  to  Mr.  Morris  for  six  days. 
On  motion  of  Mr.  Geddes, 

Leave  of  absence  was  granted  to  Messrs.  Sharpe  and  Miller  for  eight, 
days. 

Mr.  Hurlbut,  from  the  minority  of  the  committee  on  the  Judiciary  De- 
partment, reported  the  following  additional  sections: 

SEC.  — .  There  shall  be  in  each  county  in  this  state  a  county  court,  to 
consist  of  one  judge,  to  be  called  the  county  judge,  who  shall  be  elected 
by  the  qualified  voters  of  the  county  on  the  same  day  fixed  for  the  elec- 
tion of  other  judicial  officers,  and  hold  office  for  the  term  of  four  years, 
and  until  his  successor  shall  be  elected  and  qualified. 

SEC.  — .  The  jurisdiction  of  the  county  court  shall  extend  to  all  mat- 
ters of  wills,  intestacy,  and  the  settlement  of  estates  as  usually  conferred 
on  courts  of  probate — to  all  suits  arising  from  questions  of  roads,  bridges, 
and  county  revenue — to  the  issuing  and  determining  writs  of  **'id  quod 
damnum"  and  to  all  clauses  upon  the  county  an  appeal  upon  certificate 
to  the  circuit  court. 

SEC.  — .  The  terms  of  said  county  court  shall  beheld  quarterly;  and 
the  county  judge  shall  receive  a  salary  of  two  hundred  dollars  per  annum, 
in  all  counties  where  the  population  is  less  than  10,000;  of  three  hundred 
dollars,  per  annum,  where  the  population  exceeds  10,000,  but  is  less  than 
15,000;  and  four  hundred  dollars  where  the  population  exceeds  15,000; 
to  be  paid  quarterly  out  of  the  county  treasury. 

SEC.  — .  The  recorder  of  each  county  shall  he  clerk  of  the  county 
court,  and  shall  receive  no  fees  as  clerk,  except  for  certificates  and  tran- 
scripts of  records  in  said  court. 

Si:c.  — .  Nothing  in  the  preceding  sections  contained  shall  beheld  to 
prevent  the  legislature  from  establishing  in  any  city  or  county,  courts  of 
jurisdiction  concurrent  with  the  circuit  courts,  when  desired  by  a  majority 
of  the  qualified  voters  of  the  city  or  county,  and  to  be  maintained  and 
supported  by  the  treasury  of  such  city  or  county. 


164  JOURNAL  OF  THE  CONVENTION.  [July  12. 

Mr.  Rountrce  offered  Ihc  following  as  a  substitute  for  the  report  offered 
by  Mr.  Hurlbut: 

SEC.  1.  There  shall  be  established  in  each  of  the  counties  in  this  state, 
now  organized,  or  hereafter  to  be  created,  a  court  of  record  of  the  coun- 
ties, respectively,  to  be  composed  of  the  justices  of  the  peace  of  the  said 
counties,  respectively. 

SEC.  2.  The  said  county  court  shall  have  power  and  jurisdiction  in 
all  matters  relating  to  county  taxes,  disbursement  of  money  for  county 
purpose?,  roads,  bridges,  and  every  other  case  that  may  be  necessary  to 
the  internal  improvement  and  local  concerns  of  the  county. 

SEC.  3.  Said  courts  shall  have  jurisdiction  in  all  matters  relating  to 
the  settlement  of  the  estates  of  deceased  persons,  executors,  administra- 
tors, and  guardians;  and  such  other  powers  and  jurisdiction  as  the  general 
assembly  shall  from  ti.ne  to  time  prescribe  by  law;  Provided,  that  any 
number  of  said  justices  of  the  p>-ace,  not  less  than  three,  shall  constitute  a 
quorum  to  do  business,  under  such  regulations  as  may  be  prescribed  by 
law. 

SEC.  4.  There  shall  be  elected  in  each  of  the  counties  now  establish- 
ed, and  in  such  as  may  hereafter  be  established  in  this  state,  by  the  quali- 
fied voters  of  such  counties,  one  clerk  of  said  county  court,  who  shall  be 
ex  officio  recorder  of  deeds,  one  c'erk  of  the  circuit  court,  one  sheriff,  one 
coroner,  one  county  surveyor,  and  such  number  of  justices  of  the  peace, 
constables,  and  other  officers  and  agents  as  may  be  necessary  to  conduct 
the  business  of  said  counties,  respectively,  whose  powers  and  duties  shall 
be  regulated  by  law. 

SEC.  5.  The  justices  of  the  peace,  clerks  of  the  different  courts,  sher- 
iffs, coroners,  and  surveyors,  shall  hold  their  offices  for  two  years  and  un- 
til their  successors  are  duly  elected  and  qualified,  until  the  end  of  the  ses- 
sion of  the  general  assembly  to  be  begun  and  held  on  the  first  Monday  in 
January,  eighteen  hundred  and  fifty-three,  after  which  time  the  term  of 
office  of  said  respective  officers  shaU  be  fixed  by  law. 

Mr.  Knapp  of  Scott  moved  to  refer  the  report  made  by  Mr.  Hurlbut, 
and  the  substitute  offered  therefor  by  Mr.  Rountree,  to  the  committee  on 
Miscellaneous  Subjects  and  Questions. 

Mr.  Kenner  moved  to  lay  the  report  on  the  table,  and  that  200  copies 
of  them  be  printed  for  the  use  of  the  convention. 

The  question  was  taken  on  the  last  motion,  and  decided  in  the  affirma- 
tive. 

Mr.  Scates  moved  to  amend  the  motion  so  as  to  include  the  substitute. 

The  question  was  taken,  and  decided  in  the  affirmative. 

The  question  was  taken  upon  the  motion,  as  amended,  and  decided  in 
the  affirmative. 

Mr.  Dawson  offered  the  following: 

"Resolved,  That  the  rules  be  so  amended  as  that  a  majority  shall  consti- 
tute a  quorum  of  this  convention  to  do  business,  until  the  20th  inst.,  and 
thereafter  no  leave  of  absence  shall  be  granted  to  any  member  of  this  con- 
vention hut  for  sickness  of  himself  or  family. 

Mr.  Wead  moved  to  amend  the  resolution  by  striking  out  so  much  of 
the  icsolution  as  relates  to  leave  of  absence. 


July  12.]          JOURNAL  OP  THE  CONVENTION.  Kf> 

On  motion  of  Mr.  Peters, 

The  resolution  and  amendment  were  laid  on  the  table. 
On  motion  of  Mr.  Scales, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  again 
to  consider  the  report  of  the  committee  on  the  Executive  Department — 
Mr.  Grain  in  the  chair. 

The  question  pending  when  the  committee  rose  on  Saturday,  was  _on_ 
the  substitute  offered  by  Mr.  Campbell  of  Jo  Daviess,  in  lieu  of  the  sub- 
stitute offered  by  Mr.  Knapp  of  Jersey,  for  the  filth  section. 

Mr.  Campbell  of  Jo  Daviess  modified  his  substitute  so  as  to  strike  out 
the  words  "  two  thousand  dollars." 

The  question  was  taken  on  the  substitute  for  the  substitute  offered  by 
Mr.  Knapp  of  Jersey,  and  decided  in  the  affirmative. 

Mr.  Campbell  of  Jo  Dariess  moved  to  fill  the  blank  in  the  amended 
substitute  with  the  words  "  fifteen  hundred  dollars." 

Mr.  Davis  of  Montgomery  moved  "one  thousand  dollars." 

Mr.  Thomas  moved  **two  thousand  dollars," 

The  question  was  successively  taken  on  inserting  "two  thousand  dollars," 
"fifteen  hundred  dollars,"  and  "one  thousand  dollars,"  and  decided  in  the 
negative. 

Mr.  Jones  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Norton  moved  to  fill  the  blank  with  "fourteen  hundred  dollars." 

Mr.  Knowlton  moved  "fourteen  hundred  and  fifty  dollars." 

Mr.  Geddes  moved  "  twelve  hundred  and  fifty  dollars." 

Mr.  Harding  moved  "twelve  hundred  dollars." 

The  question  was  successively  taken  on  "fourteen  hundred  and  fifty  dol- 
lars." and  "  fourteen  hundred  dollars,"  and  decided  in  the  negative. 

The  question  wa^  successively  taken  on  inserting  "  twelve  hundred  and 
fifty  dollars,"  and  "fourteen  hundred  dollars,"  and  decided  in  the  nega- 
tive. 

Mr.  Gevides  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Akin  moved  to  fill  the  blank  with  "eight  hundred  dollars." 

The  question  was  taken  on  inserting  the  words  '*  twelve  hundred  and 
fifty  dollars,"  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Thomas, 

The  committee  rose,  reported  progress,   and  asked  leave  to  sit  again ; 
which  was  granted. 
On  motion, 

The  convention  adjourned  to  three  o'clock.  P.  11. 


THREE  O'CLOCK,  P.  M. 


The  convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Shumway, 
A  call  of  the  convention  was  ordered.     While  the  call  was  pending, 


ICG 


JOURNAL  OF  THE  CONVENTION. 


[July 


Mr.   Campbell  of  Jo  Daviess  moved  that  the  convention  adjourn   until 
Thursday,  three  o'clock,  p.  M. 

The  question  was  taken,  and  decided  in  the  negative. 

The  call  having  been  proceeded  in  tor  some  time,  and  a  quorum  being 
present, 

On  motion  of  Mr.  Z.Casey, 

Further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Lockwood  moved  to  take  from  the  table   tLe  resolution  offered  this 
morning  by  Mr,  Daw  son  in  i  elation  to  a  quorum,  &c. 

The  question  was  taken,  by  yeas  find  nays, 

(  Ye  is  41 

And  decided  in  the  negative,      <  XT  '  _  , 

(Nays,         ...»         74 


Those  voting  in  the  affirmative,  are5 


Mr.  Allen 
Atherton 

Campbell  of  McDonough 
Choate 
Dale 

Davis  of  Montgomery 
Davis  oi  McLean 
Dawson 
Dunsmore 
Harding 
Hay 
Hill 

Hunsaker 
Jackson 


Mr.  Jones 
Judd 

Kmpp  of  Jersey 
Knapp  of  Scott 
Kniney  of  Bureau 
Kmney  ot  St.  Clair 
Lander 
Lemon 
Lockwood 
Logan 
Motfeit 
Pace 

Palmer  of  Macoupin 
Palmer  of  Marshall 


Those  voting  in.  the  negative,  are, 


Mr.  Akin 

Mr.  Geddes 

Archer 

Green  of  Clay 

Armstrong 

Green  of  Jo  Daviess 

Blair 

Giimshaw 

Blakely 

Harlan 

BallingaU 

Batch 

Butler 

Haw  ley 

C»-ain 

Heacoek 

Campbell  of  Jo  Daviess 

Henderson 

Carter 

Hogue 

F.  S.  Casey 

Huston 

Z.  Casey 

Jenkins 

Colby 

Kenner 

Cross  of  Winnebago 

Knowlton 

Cloud 

Knox 

Davis  of  Massac 

Lasater 

Dunn 

Linley 

Edwards  of  Madison 

Loudon 

Edwards  of  Sangamon 

McCalfen 

Eccles 

McCully 

Edmonson 

McClure 

Farwell 

Me  Rattan 

Frick 

Manly 

Graham 

Marklej 

Mr.  Peters 
Pinckney 
Robbins 
Robinson 
Swan 
Shields 
Sim 

Thomas 
Thornton 
Turner 
TUtt 
Wead 
Witt. 


Mr.  Mason- 
Alieure 
Moore 
Nichols 
Oliver 
Pratt 
Powers 
Rives 
Rountree 
Scates 
Spencer 
Servant 
Sibley 
Simpson 
Singleton 
Smith  of  Gallatrn 
Shu  m  way 
Thompson 
Turnbull 
Vernor 
West 
Whiteside 
Whitney 
Worcester. 


ly  1-2.] 


JOURNAL  OF  THE  CONVENTION. 


167 


Mr.  Akin  offered  the  following: 

«•  Whereas,  Mr.  Male,  in  a  sermon  on  the  lllhday  of  July,  in  the  Se- 
cond Presbyterian  church,  denounced  the  existing  war  with  Mexico  as 
beinu  unjust;  and  whereas,  such  declarations  ought  not  to  be  tolerated, 
more  especially  in  a  republican  government;  anJ  whereas,  it  is  unbe- 
coming a  minister  of  the  gospel  to  use  such  language  in  a  gospel  sermon, 
er  b  >re  the  young  and  rising  generation;  therefore, 

I\    ••  ilver/ 9  That  said  Mr.  Hale  be  excused  from   holding  prayers  in  this- 
convention  for  the  future. 

On  motion  of  Mr.  Cross  of  Winnebago, 

The  resolution  was  laid  on  the  table,         .         .         .      Ipj618' 
Those  voting  in  the  affirmative,  are, 


Mr.  Armstrong 

Mr.  Heacock 

Mr.  Palmer  of  Macoupin 

AMierton 

Henderson 

Palmer  ol  Marshall 

Blair 

Hill 

Pratt 

B!  .kely 

Hunsaker 

Peters 

B    ,d 

Huston 

Pinckney 

Choate 

Jackson 

Powers 

Cross  of  Winnebago 

Jenkins 

Robinson 

I    ...id 

Jones 

Rountree 

Church 

Judd 

Scales 

Dale 

Knapp  of  Jersey 

Swan 

D  ivis  of  Montgomery 

Kuapp  of  Scott 

Shields 

Davis  of  McLean 

Kenner 

Spencer 

Dawson 

Kinney  of  Bureau 

Servant 

Deitz 

Knowlton 

Sibley 

Dunn 

KIIOX 

Sim 

Dunsraore 

Lander 

Simpson 

I  M  wards  of  Madison 

Lemon 

Singleton 

Edwards  of  Sangamon 

Lockwood 

Shumway 

Ecclcs 

Logan 

Thomas 

Prick 

McClure 

Thornton 

Graham 

Mason 

Turnbtill 

Gfddef 

Matheny 

Turner 

Gnmshaw 

M  pure 

Wead 

Harding 

Moffett 

West 

Harlan 

Moore 

WTitt 

Harvey 

Nichols 

Whitney 

Hawley 

Norton 

Worcester. 

Hay 
Those  voting  in  the  negative,  are, 


Mr.  \lcih 

Mr.  Edmonson 

Mr.  McHatton 

Allen 

Farwell 

Manly 

Archer 

Green  of  Clay 

Mark'ley 

Ballingall 

Hatch 

Oliver 

Sutler 

Hogue 

Pace 

Crain 

Kinney  of  St.  Clair 

Rives 

Campbell  of  Jo  Daviess 

Lasater 

Robbins 

Campbell  of  McDonough 

Laughlin 

Smith  of  Gallatin 

Carter 

Lin  ley 

Thompson 

F.  S.  Casey 

London 

Tutt 

Z   Casey 

McCallen 

Vernor 

Colby 

Me  Cully 

Whiteside. 

168  JOURNAL  OF  THE  CONVENTION.  {July  12. 

Mr.  Lock  wood  offered  the  following: 

Resolved,  That  the  rules  be  so  amended  that  a  majority  of  the  members 
of  the  convention  shall  be  a  quorum  to  do  business. 

The  question  was  taken,  and  the  resolution  rejected. 

Mr.  Camubell  of  Jo  Daviess  moved  that  the  Rev.  Mr.  Hale  be  excused 
from  further  service  as  chaplain  in  this  convention. 
On  motion  of  Mr,  Singleton, 

The  motion  was  laid  on  the  table. 

Mr.  Knapp  of  IScolt  offered  the  following: 

Resolved,  That  this  convention  highly  appreciate  the  services  of  the 
volunteers,  both  officers  and  privates,  ol  this  state,  who  have  perilled  their 
lives  in  the  cause  of  our  common  country  in  the  war  with  Mexico-,  that 
their  fame  is  established  upon  an  immovable  b°sis,  far  above  the  reach  of 
calumny,  having  earned  for  themselves  a  character  that  needs  no  vindica- 
tion, and  which  cannot  be  impaired  by  detraction. 

Mr.  Campbell  of  Jo  Daviess  moved  that  the  resolution  be  amended  by 
adding  to  it  the  following: 

u  And  that  this  convention  highly  deprecate  all  reflections  prejudicial 
to  the  character  of  the  volunteers,  corning  frcm  the  pulpit  or  any  other 
source." 

Mr.  Logan  moved  that  the  proposed  amendment  be  amended  by  strik- 
ing out  the  word  "  character,"  and  inserting  instead,  the  words  "courage 
or  patriotism." 

And  the  question  being  put,  the  same  was  rejected. 

The  question  was  put  upon  the  adoption  of  the  amendment  to  the  reso- 
lution, and  decided  in  the  affirmative. 

Mr.  Palmer  of  Macoupin  moved  the  following  aa  a  substitute  for  the 
resolution  as  amended : 

Whereas,  all  men  have  a  natural  and  indefeasible  right  to  worship  Al- 
mighty God  according  to  the  dictates  of  their  own  consciences,  and  that 
no  human  authority  can,  in  any  case  whatever,  control  or  interfere  with 
the  rights  of  conscience;  and  whereas,  liberty  of  speech  is  one  of  the  in- 
valuable r  ghts  of  a  free  people,  being  responsible  to  the  laws  of  the  land 
for  any  abuse  thereof;  therefore, 

Resolved^  That  while  as  individuals  we  do  dissent  from  many  of  the  po- 
sitions assumed  by  the  Rev.  Mr.  Hale,  as  they  have  been  reported  to  this 
convention,  we  do  disclaim  all  censorship  over  the  pulpit,  or  the  opinions 
expressed  therefrom,  inasmuch  as  such  censorship  is  in  violation  of  the 
rights  of  the  Rev.  gentleman,  and  beyond  our  legitimate  sphere. 

Mr.  Campbell  of  Jo  Daviess  moved  that  the  substitute  be  laid  on  the 
table. 

Mr.  Markley  called  for  a  division,  so  that  the  vote  might  be  first  taken 
on  laying  the  resolution  on  the  table. 

The  question  was  accordingly  taken,  by  yeas  and  nays,  upon  laying  the 
resolution,  contained  in  the  substitute,  on  the  table, 

And  decided  in  the  affirmative,          **          *         * 


July  12.]  JOURNAL  OF  THE  CONVENTION. 


169 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Blair 
Blakely 
Ballingall 
Butler 
Grain 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Cloud 
Dale 

Davis  of  Massac 
Edmonson 
Evey 


Mr.  Farwell 

Green  of  Clay 

Hatch 

Henderson 

Hill 

Hoes 

Hogue 

Hunsaker 

Huston 

Jenkins 

Kinney  of  Bureau 

Kinney  of  St.  Clair 

Lasater 

Laughlin 

Linley 

Loudon 

McCallen 

McCully 

McClure 

McHatton 


Those  voting  in  the  negative,  are, 


Mr.  Bond 
Brown 

Cross  of  Winnebago 
Church 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitzr 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Frick 
Graham 
Geddes 
Grimshaw 
Harding 
Harlan 


Mr.  Hawley 
Heacock 
Jackson 
Jones 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 

Matheny  x 

Mieure 
Moore 
Norton 
Palmer  of  Macoupin 


Mr.  Manly 
Markley 
Motfett 
Nichola 
Oliver 
Pace 
Pratt 
Rives 
Robbins 
Rountree 
Shields 
Simpson 

Smith  of  Gallatin 
Shumway 
Turner 
Tutt 
Vernor 
Wead 
Witt 
Whiteside. 


Mr.  Palmer  of  Marshall 
Peters 
Pinckney 
Powers 
Robinson 
Swan 
Spencer 
Servant 
Sibley 
Sim 

Singleton 
Thomas 
Thompson 
Thornton 
Turnbull 
West 
Whitney 
Worcester. 


The  question  was  taken,  by  yeas  and  nays,  on  laying  the  preamble  on 
the  table, 


And  decided  in  the  negative, 
Those  voting  in  the  affirmative,  are, 

Mr.  Ballingall  Mr.  Carter 

Butler  F.  S.  Casey 

Campbell  of  Jo  Daviess  Choate 

Those  voting  in  the  negative,  are, 


9 
102 


Mr.  Akin 
Allen 
Archer 
Arm  strong 
Blair 


Mr.  Bond 
Biown 
Grain 

Zadok  Casey 
Cross  of  Winnebago 


Mr.  Hill 

Kinney  of  St.  Clair 
Linley. 


Mr.  Cloud 
Church 
Dale 

Davis  of  Montgomery 
Davis  of  Mclean 


170 


JOURNAL  OF  THE  CONVENTION.          \_July  15. 


Mr.  Davis  of  Massac 

Mr.  Judd 

Mr.  Peters 

Dawson 

Knapp  of  Jersey 

Pinckney 

Deitz 

Knapp  ol  Scott 

Powers 

Dunn 

Kinney  of  Bureau 

Robbins 

Dunsmore 

Knowlton 

Robinson 

Edwards  of  Madison 

Knox 

Rountree 

Eii  wards  of  Sangamon 

Lander 

Swan 

Eccles 

Lasater 

Shields 

Euinonson 

Laughlin 

Spencer 

Far  well 

Lemon 

Servant 

Fnck 

Lockwood 

Sibley 

G;  -iham 

Logan 

Sim 

Gpddes 

London 

Simpson 

Green  of  Clay 

McCallen 

Singleton 

Giimshaw 

Me  Cully 

Smith  of  Gallatin 

Hardiiig 

McClure 

Sh  urn  way 

Harlan 

McHattan 

Thomas 

Harvey 

Manly 

Thompson 

Hatch 

Markley 

Thornton 

Hawley 

Matheny 

Turnbull 

Hay     ' 

Mieure 

Turner 

Heacock 

Moffett 

Tutt 

Henderson 

Moore 

Vernor 

Ho^ue 

Nichols 

Wead 

Hunsaker 

Norton 

West 

Huston 

Oliver 

Witt 

Jackson 

Palmer  of  Macoupin 

Whiteside 

Jenkins 

Palmer  of  Marshall 

Whitney 

Jones 

Pratt 

Worcester. 

Mr.  Markley  moved  that  the  preamble  be  referred  to  the  committee  01 
the  Bill  of  Rights. 

Mr.  Servant  moved  that  the  motion  to  refer  the  preamble  be  laid  on  th< 
table. 

Mr.  Geddes  moved  that  the  convention  adjourn  until  Thursday  at  thret 
o'clock,  P.  M. 

And  the  question  being  taken  thereon,  it  was  decided  in  the  negative. 

The  question  was  put  upon  the  motion  to  lay  on  the  table  the  motion  t< 
refer  the  preamble,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Servant, 

The  convention  adjourned  until  Thursday  next,  at  3  o'clock,?.  M. 


THURSDAY,  JULY  15,  1847. 


The  convention  met  pursuant  to  adjournment. 

Mr.  Davis  of  Montgomery  moved    that  the  convention  adjourn  until 
eight  o'clock  to-morrow  morning. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Markley  moved  that  the  convention  adjourn  until  to-morrow  morn- 
ing at  9  o'clock. 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Peters, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  a  quorum  being  fou] 
to  be  present, 


July  15.)  JOURNAL  OF  THE  CONVENTION.  171 

On  motion  of  Mr.  Z.  Casey, 

Further  proceedings  und  r  the  call  were  dispensed  with. 
On  motion  of  Mr.  Z.  Casey, 

The  convention  again  resolved  itself  into  a  committee  of  the  whole,  to 
•  consider  the  report  of  the  committee  on  the  Executive  Department — Mr. 
Grain  in  the  chair. 

The  question  pending  when  the  committee  rose  on  Monday  last,  was  on 

filling  the  blank  in  the  amended  substitute  for  the  sixth  section,   with   the 

word?,  'twelve  hundred  and   fifty  doll.-irs." 

The  question  was  taken  and  decided  in  the  affirmative. 

Mr.  Peters  moved  to  amend  the  Sih  section  by  inserting  after  the 
words  "applying  for  pardons,'  in  the  fourth  line,  the  words: 

"And  he  shall  also  have  power  to  grant  pardons  after  indictment  found 
and  before  trial  and  conviction,  whenever  the  judge  or  judges  of  the  court, 
wherein  the  indictment  shall  be  pending,  shall  recommend  to  him  to 
grant  such  pardons," 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Knapp  of  Scott  moved  to  amend  the  same  section  further,  by 
striking  out  the  word  "and,1'  after  the  last  comma  in  the  n.nth  line,  and 
also  by  inserting  at  the  end  of  the  section,  the  words,  "and  his  reasons  for 
granting  the  same.'5 

Mr.  Harding  offered  the  following  as  a  substitute  for  the  pmendment: 

"And  for  every  exercise  of  ihe  pardoning  power  in  cases  offelon>,  he 
shall  publish  at  the  time  at  large  his  reasons  therefor." 

The  question  was  taken, and  the*substitute  rejected. 

The  question  was  taken  on  agreeing  to  the  amendment,  and  no  quo- 
rum voting, 

The  committee  rose,  and  the  chairman  reported   that  fact  to   the  con- 
vention. , 
On  motion  of  Mr.  Thomas, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in,  and  117  members  having  answered  to  their 
names,  and  a  quorum  being  present, 

Mr.  Grain  resumed  the  cl.air  in  committee  of  the  whole. 

The  question  recurred  on  the  amendment  of  Mr.  Knapp  of  Scott. 

The  question  was  taken  and  the  arnendfii3nt  rejected. 

Mr.  Harding  moved  to  amend  the  same  section  by  adding  thereto  the 
following: 

"The  governor  shall,  immediately  after  the  exercise  of  the  pardoning 
power  in  any  case,  cause  to  be  published  in  one  newspaper  in  this  state, 
his  reasons  at  large  for  the  same." 

The  question  was  taken  and  the  amendment  rejected. 

Mr.  Turnbull  moved  to  amend  the  same  section  by  striking  out  the 
words  "biennially  communicate  to  the  general  assembly,"  and  inserting 
in  lieu  thereof  the  words,  "publish  in  the  different  papers  printed  at  the 
seat  of  government." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  McCallen  moved  to  amend  the  same  section  by  inserting  the  word 
murder,"  after  the  word  "except,"  in  the  second  line. 

The  question  was  taken,  and  the  amendment  rejected. 


172  JOURNAL  OF  THE  CONVENTION.          [July  16. 

Mr.  Peters  moved  to  amend  the  10th  section  by  adding  thereto  the 
words,  "except  that  at  such  special  session,  trials  of  cases  of  impeachment 
may  be  had,  and  removals  from  office  made  in  the  manner  provided  in 
this  constitution." 

The  question  was  taken,  and  the  amendment  was  rejected. 

Mr.  Scatcs  moved  to  amend  the  same  section,  by  inserting  after  the 
word  ''occasions,"  in  the  first  line,  the  words  "which  would  cause  great 
and  irremediable  injury  to  the  public  interest  by  delay." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Thornton  moved  to  amend  the  same  section,  by  striking  out  all 
after  the  word  "shall,"  in  the  third  line,  and  adding,  "enter  on  no  legis- 
lative business  except  that  for  which  they  were  specially  called  together." 

Mr.  Peters  moved  to  reconsider  the  vote;  which  lies  over  one  day. 

Mr.  Churchill  offered  the  following  as  a  substitute  for  the  amendment: 
strike  out  all  after  the  word  "proclamation,"  in  the  first  line,  and  insert 
the  following;: 

'•The  General  Assembly  when  so  convened  shall  have  the  same  powers, 
and  be  liable  to  the  same  restrictions  as  in  a  regular  session." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  recurred  on  the  amendment,  and  being  taken,  the  amend- 
ment was  rejected. 

Mr.  McCallen  moved  to  amend  the  same  section  by  striking  out  al 
after  the  word  "convened." 

Mr.  Powers  moved  to  amend  the  amendment  by  striking  out  the  same 
words  and  inserting  in  lieu  thereof  the  words: 

"But  such  special  session  shall  be  subject  to  the  same  restrictions  anc 
limitations  in  all  respects  as  regular  sessions." 
On  motion  of  Mr.  Constable, 

The  committee  rose,  reported   progress,   and  asked  leave  to  sit   again 
which  was  granted. 
On  motion, 

The  convention  adjourned  to  9  o'clock,  to-morrow  morning. 

FRIDAY,  JULY  16,  1847. 


•My  16.]  JOURNAL  OF  THE  CONVENTION.  173 

Mr.  Bro^kman  presented  the  petition  of  Stephen  Carner  and  forty-one 
iDfchers,  citizens  of  Brown  and  Pike  counties,  also  praying  for  a  like  pro- 
Vision. 

On  motion,  the  reading  of  the  petitions  was  dispensed  with,  and  they 
were  severally  referred  to  the  committee  on  Education. 
Mr.  Woodson  offered  the  following  additional  rules: 
"RULE  — .  No  resolution  or  proposition  which  has  been  or  which  shall 
>e  hereafter  introduced  in  the   convention  shall  be  considered   unless  it 
relates  to,  or  is  directly  connected  with  the  '^alteration,  revision  or  amend- 
ment" of  the  constitution,  without    the    consent  of  at   least  two-thirds  of 
be  members  of  the  convention  previously  obtained,  and  if  such  consent 
>e  so  given  the  same  shall  be  voted  on  without  debate. 

"RULE  — .  Hereafter,  immediately  after  the  reception  of  petitions  and 
eports  from  standing  committees,  the  convention  shall  resolve  itself  into 
committee  of  the  whole  on  the  reports  of  standing  committees,    which 
hall  be  the  standing  order  of  the  day  until  the  same  are  concluded." 
Mr.  Hayes  called  for  a  division  so  as  to  vote  on  each  rule  separately. 
The  question  was  successively  taken  on  the  adoption  of  the   first   and 
econd  ru!e,  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Robbins, 
Leave  of  absence  was  granted  to  Mr.  James  for  five  days. 

On  motion  of  Mr.  Hayes, 
Leave  of  absence  was  granted  to  Mr.  Kitchell  for  five  days. 

On  motion  of  Mr.  Graham, 

Leave  of  absence  was  granted  to  Mr.  Palmer  of  Macoupin  for  three 
days. 

Mr.  Wead,  from  the  special  committee  on  the  organization  of  town- 
ships and  the  management  of  county  affairs,  reported  the  following: 

ARTICLE  — 

SECTION  1.  The  General  Assembly  shall  provide  by  law  that  the 
townships  and  parls  of  townships  in  the  several  counties  of  this  state,  may 
become  incorporated  for  municipal  and  other  purposes. 

SEC.  2.  All  township  officers  shall  be  elected  annually,  and  their  num- 
ber, powers,  duties,  and  liabilities,  shall  be  fixed  bylaw. 

SEC.  3.  The  general  assembly  shall  provide  by  law  for  the  creation  of 
a  board  of  supervisors  in  the  several  counties  of  this  state,  to  be  composed 
of  one  or  more  officers  from  each  township  and  city  in  the  county,  for 
managing  the  affairs  of  the  county.  The  powers  and  duties  of  the  board 
of  supervisors  shall  be  fixed  by  law. 

SEC.  4.  The  general  assembly  shall  provide  by  law   thajt    the  qualified 
voters  of  the  several  counties  of  this  state  maj  abolish  the   county  com- 
missioners' court  and  substitute  therefor  the  board  of  supervisors. 
On  motion  of  Mr.  Pratt, 

The  report  was  laid  on  the  table,  and  two  hundred  copies  ordered  to 
'be  printed. 

The  convention  then  resolved  itself  into  cornmittre  of  the  whole,  again 
to  consider  the  report  of  the  commiltee  on  the  Executive  Department — 
"".-Mr.  Grain  in  the  chair. 


174  JOURNAL  OF  THE  CONVENTION.          [July  16. 

The  question  pcndihej  when  the  committee  last  rose,  was  on  the  substi- 
tute offered  by  Mr.  Powers  for  the  amendment  proposed  to  the  lOih  sec- 
tion by  Mr.  McCaHen;  when, 

JVIr.  Powers  withdrew  his  substitute. 

The  question  recurred  on  the  amendment  proposed  by  Mr.  McCallen, 
to  strike  out  all  after  the  word  "convened,''  in  the  lUtn  section. 

Mr.  Knox  moved  to  amend  the  amendment,  by  adding  at  the  end  of 
the  section,  the  words  4tat  the  commencement  ol  the  session." 

The  question  was  taken,  and  the  amendment  to  the  amendment 
rejected. 

The  question  recurred  on  the  amendment,  and  being  taken,  the  amend 
ment  was  rejected. 

Mr.  Woodson  proposed  to  amend  the  same  section  by  striking  out  th( 
words  "lay  before  them"  at  the  last  of  the  session,  and  by  adding  aitei 
the  word  k<shall,"  in  the  third  line,  where  it  last  occurs,  the  words  4'exprei 
in  his  proclamation." 

Mr.   Constable   moved    to   amend   the  amendment   by  adding  to    thi 
words  proposed  to  be  added,  the  words  "and  to    sut:h  other   subjects   as| 
may  be  introduced  by  two  thirds  of  the  members  of  each  house  composin{ 
said   general  assembly?  based  upon  an    important   exigency   demanding 
their  action,  and  connected  with  the  public  welfare." 

Mr.  Rnowltoa  moved  that  the  committee  rise,  report  progress,  and  ask| 
leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative, 

The  question  was  taken,  and  the  amendment  to  the  amendment  re- 
jected. 

The  question  recurred  on  the  amendment;  when, 

Mr.  Wead  called  for  a  division,  so  as  to  take  the  question  first  on| 
striking  out. 

The  question  was  put  and  decided  in  the  negative. 
On   motion  of  Mr.  Hayes, 

The  commit'-ee  rose,  reported  progress,  and  asked  leave  to  sit  again; 
which  was  granted. 

Mr.  Mark  ley  moved  that  the  convention  adjourn  until  3  o'clock,  p.  M 

Mr,  Constable  moved  four  o'clock. 

The  question  was  put  on  the  last  motion,  and  decided  in  the  negative. 

The  question  was  put  on  adjourning  until  3  o'clock,  P.  M.,  and  decide< 
in  the  affirmative. 


THREE  O'CLOCK,  p.  M. 


The  convention  met  piusinnt  to  adjournment. 
On  motion  of  Mr.  Harding, 

Resolved,  That  the  use  of  this  hall  be  tendered  to  Mr.  Benjamin  Morti- 
mer lor  the  purpose  of  addressing  the  public  this  evening  at  8  o'clock, 
upon  the  subject  of  the  education  of  the  children  of  the  state,  and  upoi 
topics  connected  therewith. 


July  16.]          JOURNAL  OF  THE  CONVENTION.  175 

The  convention  resolved  itself  into  committee  of  the  whole,  ogain  to 
onsider  the  report  of  the  committee  on  the  Executive  Department — Mr. 
Grain  in  the  chair. 

On  motion  of  Mr.  Peters, 

The  motion  made  by  him  on  yesterday  to  reconsider  the  vote  taken  on 
he  amendment  offered  by  Mr.  Thornton  to  the  tenth  section,  was  taken 

p. 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  McCallen  called  for  a  division  of  the  question. 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative. 

Tne  question  was  then  taken  on  inserting  after  the  word  "shall,"  in  the 
hird  line,  the  words  "enter  on  no  legislative  business,  except  that  for 
which  they  were  specially  called  together." 

The  question  was  taken,  and  the  amendment  adopted. 

Mr.  Kenner  moved  to  amend  the  same  section  by  striking  out  the  words 
;whcn  assembled,  the  purpose  for  which  they  shall  have  been  convened,'' 
ind  insert  in  lieu  thereof  the  following: 

6llu  said  proclamation  the  purpose  for  which  they  are  to  convene." 

The  question  was  taken,  and  the  amendment  adopted. 

Mr.  Lock  wood  moved  to  strike  out  the  whole  section. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Kenner  moved  to  strike  out  the  eleventh  section  and  insert  in  lieu 
hereof  the  following: 

"The  governor  shall,  by  and  with  the  advice  and  consent  of  the  senate, 
ppoint  a  commander-in  chief  of  the  army  and  navy  of  this  state  and  of 
he  militia,  except  when  they  shall  be  called  into  the  service  of  the  United 
States." 

Mr.  Whiteside  offered  the  following  as  a  substitute  for  the  nmendment: 

"He  shall  be  commander-in-chief  of  the  militia  of  the  state,  except 
,iter  they  shall  have^  been  mustered  into  the  service  of  the  United 
States." 

The  question,  was  taken,  and  the  substitute  rejected. 

The  question  recurred  on  the  amendment. 

Mr.  Mark  ley  called  for  a  division  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Dawson  moved  to  amend  the  12th  section  by  striking  out  nil  after 
he  word  "assembly,"  in  the  second  line,  to  the  word  "inclusive,"  in  the 
hird  line,  and  also,  to  insert  after  the  word  "be,"  in  the  third  line,  the 
arord  "but." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Singleton  moved  to  amend  the  same  section  by  inserting  afle" '.he 
vor  1  "provided,"  in  the  third  line,  the  words  "thcie  be  no  business  bclore 
hern,  and." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Oliver  moved  to  strike  out  the  13th  section. 

The  question  was  taken,  and  the  motion  negatived. 

Mr.  Singleton  moved  to  arrend  the  same  section  by  striking  out  a! I 
ifter  the  wor-l  "qualifications." 

The  question  was  taken  and  decided  in  the  negative. 


176  JOURNAL  OF  THE  CONVENTION.          [July  16. 

Mr.  Churchill  moved  to  amend  the  14th  section  by  striking  out  the 
words  "have  a  right  when  in  committee  of  the  whole,  to  debate  and  vote 
on  ail  subjects,"  and  to  insert  the  word  ''shall"  between  the  words  "and' 
and  "whenever,"  in  the  second  line,  and  also  to  strike  out  the  word  "to,0 
in  the  third  line. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Servant  moved  to  amend  the  same  section  by  striking  out  the 
words  "and  vote  on." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Harding  moved  to  amend  the  same  section  by  striking  out  the 
word  "and,5*  in  tlie  second  line,  and  inserting  in  lieu  thereof  the  wore 
"not." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Churchill  moved  to  amend  the   17th  section   by   striking  out    the 
word  "assembly,"  in  the  third  line,  and  all  of  the  fourth  line,  and   inser- 
ting in  lieu  thereof  the  words  "the  speaker   of  the  house  of  representa- 
tives  shall    act  as   governor   until   the   regular  meeting  of  the  genera 
assembly." 

Mr.  Hogue  called  for  a  division  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Singleton  moved  to  amend  the  18th  section  by  striking  out  the 
words  "is  absent  from  the  state.'* 

The  question  was  taken,  and  the  amendment  was  rejected. 

Mr.  Mason  moved  to  strike  out  the  word  "his,"  in  the  third  line  of  the 
same  section,  and  insert  in  Heu  thereof  the  word  "the,"  and  also  to  insert 
in  the  same  line  after  the  word  "removed,"  the  words  "of  the  lieutenanl 
governor." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Woodson  moved  to  amend  the   20th  section   by   striking    out  al 
after  the  word  "governor,"  in  the  second  line  and  inserting  in  lieu  ihereo 
the  words  "he  shall,"  and  also  to  insert  at  the  end  of  the  same  line  the 
words,  "who  shall  sign  the  same  and  return  it   forthwith   to  the    house  in 
which  it  shall  have  originated,  unless  he  has  constitutional  objections   to 
such  bill,  when." 

Mr.  Archer  called  for  a  division  of  the  question. 

The  question  was  taken  on  striking  out  and  decided  in  the  negative. 

Mr.  Cross  of  Winnebago  moved  to  amend  the  same  section  by  striking 
out  the  words  "two-thirds  of  the  members  present,"  wherever  they  occur, 
and  inserting  in  lieu  thereof  the  words  "a  majority  of  all  the  members 
elected." 

A  division  of  the  question  was  called. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Smith  of  Macon  moved  to  strike  out  the  *20th  section. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Churchill  moved  to  amend  the  same  section  by  inserting  between 
the  words  "returned"  and  "on,"  in  the  13th  line,  the  words"to  the  secretar) 
ofstnte,  and  if  approved  by  the  governor  shall  become  a  law,  but  if  dis- 
approved shall  be  returned  by  the  secretary  of  state,"  also  to  strike  cm 
the  14th  line,  and  insert  "when  the  same  may  be  passed  by  two-thirds  o 
the  senate  and  house  of  representatives  present  and  become  a  law." 


July  17.]  JOURNAL  OF  THE  CONVENTION.  177 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Davis  of  McLean  moved  to  amend  the  same  section  by  striking 
out  the  words  "present,"  in  the  5th  and  7th  lines,  and  inserting  in  lieu 
thereof  the  word  "elected." 

Mr.  Singleton  moved  to  strike  out  all  between  the  word  "if,"  in  the  4th 
line,  and  the  word  "respectively,"  in  the  10th  line,  inclusive. 
On  motion  of  Mr.  Davis  of  McLean, 

A  division  of  the  question  was  called  for. 

The  question  was  taken  on  striking  out  the  word  "present,"  and  then 
on  inserting  the  word  "elected,"  and  both  decided  in  the  affirmative. 

The  question  was  taken  on  Mr.  Singleton's  amendment,  and  decided 
in  the  negative. 

Mr.  Logan  moved  to  amend  the  same  section  by  striking  out  the 
words  "two-thirds  of  the  members,"  wherever  it  occurs,  and  insert  in 
lieu  thereof  the  words  %<a  majority  of  all  the  members." 

Mr.  Minshall  moved  to  insert  the  words  "three-fifths  of  all  the  mem- 
bers." 

Mr.  McCallen  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.   Hoes  called  for  a  division  of  the  question. 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative. 
On  motfon  of  Mr.  Davis  of  McLean, 

The  committee  rose,  reported  progress,  and  asked  leave  to   sit   again; 
which  was  granted. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 


SATURDAY,  JULY  17,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Green  of  Tazewell. 

The  journal  of  yesterday  wasreati, 

Mr.  Deitz  presented  the  petition  of  Stephen  Howe  and  26  others,  cit- 
izens of  McHeury  county,  praying  that  provision  may  be  made  in  the 
new  constitution  for  a  superintendent  of  public  instruction,  with  a  liberal 
salary. 

On  his  motion,  the  reading  was  dispensed  with,  and  the  petition  refer- 
red to  the  committee  on  Education. 

Mr.  Turner  presented  the  petition  of  John  Smith  and  77  others,  praying 
that  imprisonment  for  life  may  be  substituted  for  capital  punishment. 

The  petition  was  read,  and  on  his  motion,  referred  to  the  committee  on 
the  Judiciary  Department. 

According  to  order,  the  convention  again  resolved  itself  into  a  commit- 
tee of  the  whole  to  consider  the  report  of  the  committee  on  the  Execu- 
tive Department — Mr.  Grain  in  the  chair. 

The  question  pending  when  the  committee  last  rose,  was  on  the  amend- 
ment offered  by  Mr,  Miushall  to  insert  "three-fifths  of  the  members"  in 
12 


178  JOURNAL  OF  THE  CONVENTION.  [July  17. 

lieu  of  the  words  "two -thirds  of  the  members,"  stricken  out  of  the  20th 
section. 

The  question  was  taken  and  decided  in  the  affirmative. 

Mr.    McCallen   moved    to  reconsider    the   vote    taken  last  evening  on 
striking  out  the  words  4'two  thirds  cf  the  members,"  wherever  they  occur 
in  the  20th  section;  which,  under  the  rule,  lies  over  three  days. 
On  motion  of  Mr.  Brockman, 

The  committee  rose,  reported   progress,  and  asked  leave   to  sit  again; 
which  was  granted. 
On  motion, 

The  convention  adjourned  until  three  o'clock,  p.  M. 


THREE  O'CLOCK,  r.  M. 


The  convention  met  pursuant  to  adjournment, 

Mr.  Hogue  moved  to  amend  the2ist  section  by  striking  out  the  words 
"governor  shall  nominate  and,  by  and  with  the  advice  of  the  senate,  ap- 
point a,"  in  the  first  line,  and  also  by  striking  out  the  word  "who,"  in  the 
second  line. 

Mr.  Jones  moved  to  strike  out  the  whole  section. 

The  question  was  taken  on  Mr.  Hogue's  amendment  and  decided  in  the 
negative. 

Mr,  Constable  moved  to  amend  the  21st  section  by  inserting  after  the 
word  "state,"  in  the  second  line,  the  words  ''whose  term  of  service  shall 
expiie  with  the  office  of  the  governor  by  whom  he  shall  have  been  nomi- 
nated, and  who  shall  hold  his  office  until  his  successor  is  appointed  and 
qualified." 

Mr.  Peters  moved  to  amend  the  amendment  by  adding  thereto  the 
words  tkunless  for  good  cause  the  governor  shall  remove  him  before  the 
expiration  of  his  term." 

The  question  was  taken,  and  the  amendment  to  the  amendment  re- 
jected; when, 

Mr.  Constable  withdrew  the  amendment. 

Mr.  Dawson  moved  to  amend  the  same  section  by  striking  out  the  first 
word  *'the,"  and  by  inserting  in  lieu  thereof  the  word  "each." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Davis  of  Montgomery  moved  to  amend  the  same  section  by  in- 
serting after  the  word  Haw,"  in  the  fourth  line,  the  words  "and  shall  re- 
ceive for  his  compensation  the  sum  of  six  hundred  dollars  per  annum,  and 
no  more." 

The  question  wns  taken,  and  the  amendment  rejected. 

Mr.  Bosbyshell  moved  to  amend  the  same  section  by  inserting  after  the 
word  "governor,"  in  the  second  line,  the  words  "and  who  shall  receive  a 
salary  of  one  thousand  dollars  per  annum." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Marshall  of  Mason  moved  to  amend  the  same  section  by  inserting 
after  the  word  "shall,"  in  the  second  line,  the  words  "hold  his  office  for 


July  17.]  JOURNAL  OF  THE  CONVENTION.  179 

the  same  term  as  the   governor^  and   who  shall  receive  a   salary  of  eight 
hundred  dollars  per  annum.     He  shall." 

Mr.   Logan  moved  the  following  as  a  substitute  for  the  amendment: 

Insert  after  the  word  "state,"  the  words  "whose  term  of  office  shall  ex- 
pire with  the  otfioe  of  the  governor,  by  whom  he  shall  have  been  nomi- 
nated, and  who  shall  hold  his  office  until  his  successor  is  appointed  and 
qualified." 

The  question  was  taken,  and  the  substitute  was  agreed  to. 

Mr.  Kenner  moved  to  amend  the  amendment  by  adding  thereto  the 
words  "who  shall  receive  the  sum  of  seven  hundred  dollars  per  annum 
for  his  services,  and  no  more,  and." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Kttthell  moved  the  following  as  a  substitute  for  the  amendment 
offered  by  Mr.  Logan: 

"Who  shall  hold  his  office  for  the  same  term  as  the  governor,  and 
until  another  shall  be  appointed  and  qualified. 

The  question  was  taken,  and  decided  in   the  negative. 

The  question  recurred  on  the  motion  of  Mr.  Jones  to  strike  out  the 
same  section;  when  it  was  taken  and  decided  in  the  negative. 

Mr.  Sibley  moved  to  amend  the  same  section  by  adding  at  the  end  of 
the  section  the  following: 

"And  who  shall  receive  a  salary  of  eight  hundred  dollars  per  annum, 
and  no  more,  except  fees." 

On  motion  of  Mr.  Davis  of  Montgomery, 

The  following  proviso  was  added  to  the  amendment: 

"Provi'led,  the  governor  shall  have  power  to  remove  the  secretary 
when  in  his  judgment  the  public  good  shall  require  it,  and  to  appoint 
another." 

The  question  was  taken  on  the  amendment,  as  amended,  and  decided 
in  the  affirmative. 

Mr.  Northcott  moved  to  amend  the  22d  section  by  adding  after  the 
word  »<seal"  the  words  uof  state." 

The  question  was  taken,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Markley, 

The  question  was  taken  on  reconsidering  the  vote  on  adding  to  the 
4th  section  the  words  "and  have  been  a  citizen  of  the  United  States 
fourteen  years;"  and  decided  in  the  negative. 

The  question  recurred  on  agreeing  to  the  substitute,  as  amended,  for  the 
5th  section;  informally  passed  over  on  Thursday. 
Ou  motion  of  Mr.  Logan, 

The  substitute  was  further  amended  by  striking  out  the  words  "and 
he  shall  be  ex  officio  fund  commissioner." 

Tho  question  was  taken,  and  the  substitute,  as  amended,  agreed  to. 

Mr.  Jones  moved  to  add  to  section  5th  the  words  "and  he  shall  not, 
during  the  time  for  which  he  shall  have  been  elected  such  governor,  re- 
ceive any  other  emolument  from  the  United  States,  or  any  of  them." 

The  question  was  taken,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Logan, 

The  committee  rose,  reported  the  amendments  to  the  convention,  and 
asked  its  concurrence  therein. 


180  JOURNAL  OF  THE  CONVENTION.         [July  19. 

On  motion  of  Mr.  Logan, 

The  report,  as  amended,  was  laid  on  the  table,  and  200  copies  ordered 
to  be  printed  for  the  use  of  the  convention. 

On  motion, 
The  convention  adjourned  until  Monday  morning,  at  0  o'clock. 


MONDAY,  JULY  19,  1847. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Hale. 

The  journal  of  yesterday  was  read. 

Mr.  Robbins  presented  the  petition  of  Valentine  Mays  and  nineothers> 
citizens  of  the  state  of  Illinois,  praying  that  a  homestead  of  160  acres  of 
land,  or  a  town  lot  of  one  acre,  with  the  improvements,  be  exempted  from 
mortgage  and  forced  sale,  &c. 

On  his  motion,  the  reading  was  dispensed  with,  and  the  petition  refer- 
red to  the  committee  on  Law  Reform. 

Mr.  Palmer  of  Marshall,  on  leave,  offered  the  following: 

Resohed,  That  this  convention  shall  adjourn  on  Saturday  next,  to  meet 
again  on  the  first  Monday  of  November  next. 

The  question  was  taken  and  the  resolution  rejected. 

Mr.  Davis  of  Massac,  from  the  committee  on  Elections  and  the  Right 
of  Suffrage,  reported  back  sundry  propositions  referred  to  that  committee, 
with  the  following,  as  proper  to  be  engrafted  in  the  new  constitution; 

ARTICLE  — . 

SECTION  1.  In  all  elections,  every  white  male  citizen  above  the  age  of 
twenty -one  years,  having  resided  in  the  state  one  year  next  preceding  any 
election,  shall  be  entitled  to  vote  at  such  election,  and  every  white  male 
inhabitant  of  the  age  aforesaid,  who  may  be  a  resident  of  the  state  at  the 
time  of  the  adoption  of  this  constitution,  shall  have  the  right  of  \otingas 
aforesaid;  but  no  such  citizen  or  inhabitant  shall  be  entitled  to  vote  except 
in  the  district  or  county  in  which  he  shall  actually  reside  at  the  time  of 
such  election. 

SEC.  2.    All  votes  shMl  be  given  by  ballot. 

SEC.  3.  Electors  shall  in  all  cases,  except  treason,  felony, or  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  elections 
and  in  going  to  and  returning  from  the  same. 

SEC.  4.  IN o  elector  shall  be  obliged  to  do  militia  duty  on  the  days  of 
election,  except  in  time  of  war  or  public  danger. 

SEC.  5.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
state  by  reason  of  his  absence  on  the  business  of  the  United  States,  or  of 
this  state. 

SEC.  6.  No  soldier,  seaman,  or  marine  in  the  army  or  navy  of  the  LTni- 
ted  States  shall  be  deemed  a  resident  of  this  state,  in  consequence  of 
being  stationed  at  any  military  or  naval  place  within  the  same. 


July  19.]          JOURNAL  OF  THE  CONVENTION. 


181 


SEC.  ?.  The  legislature  shall  have  full  power  to  pass  laws  excluding 
from  the  right  of  suffrage  persons  convicted  of  infamous  crimes. 

SEC.  8.  The  general  elections  shall  be  held  on  the  first  Monday  of 
November  biennially. 

Mr.  Armstrong  moved  to  lay  the  reported  article  on  the  table,  and 
order  the  printing:  of  200  copies  for  the  use  of  the  convention. 

Mr.  Cross  of  Winnebago  moved  1,000  copies. 

Mr.  Turnbull  moved  500  copies. 

Mr.  Churchill  moved  250  copies. 

The  question  was  successively  taken  on  printing  1,000  and  500  copies, 
and  decided  in  the  negative. 

The  question  was  taken  on  laying  the  report  on  the  table,  and  printing 
250  copies,  and  decided  in  the  affirmative. 

Mr  Z.  Casey  moved  to  take  from  the  table  a  resolution  introduced  by 
him  some  days  since,  proposing  to  fix  a  day  of  final  adjournment. 

The  questton  being  taken  by  yeas  and  nays, 

It  was  decided  in  the  negative,      J£S  82 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Archer 
Atherton 
Blakely 
Ballingall 
Brockman 
Bond 
Grain 
Canady 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.   Casey 
Cloud 
Dale 

Davis  of  Montgomery 
Deitz 
Dement 
Dunlap 


Mr.  Dunn 
Eccles 
Edmonson 
Frick 

Green  of  Tazewell 
Harding 
Harper 
Hawley 
Hay     ' 
Hill 

Hunsaker 
Huston 
Jones 
Judd 
Lasater 
Laiifjhlin 
Me  H  attorn 
Manly 
Matheny 
MofFett 
Nichojs 


Those  voting  in  the  negative,  are, 


Mr.  Anderson 

Mr.'Davi-s  of  Massac 

Armstrong 

Dawson 

Bosbyshelt 

Dummer 

Brown 

Edwards  of  Madison 

Bunsen 
Butler 

Edwards  of  Sangamon 
Evey 

Campbell  of  Jo  Daviesa 

Farwell 

Choate 

Graham 

Colby 

Geddes 

Constable 

Green  of  Clay 

Cross  of  Winnebago 

Green  of  Jo  Daviess 

Church 

Grpjrjr 

Churchill 

Gritnshaw 

Davis  of  McLean 

Harlan 

Mr.  Oliver 
Pace 

Palmer  of  Marshall 
Powers 
Robbins 
Rountree 
Scales 
Shields 
Spencer 
Sherman 
Sibley 
Sim 

Shnmway 
Tuttle 
Vance 
Vernor 
Webber 
West 
Witt 

Whiteside 
Woodsoru 


Harvey 

Hatch 

Hayes 

Heacock 

Henderson 

Hogue 

Bo'lmed 

Jackson 

Jenkins 

Knapp  of  Jersey 

Knapp  of  Scott 

Kreider 

Kenner 

Kinney  of  Bureau 


182  JOURNAL  OF  THE  CONVENTION.  [July  19. 

Mr.  Kinney  of  St.  Clair           Mr.  Moore                                  Mr.  Smith  of  Gallatin 

Knowlton  Northcott  Smith  of  Macon 

Knox  Norton  Thomas 

Lander  Pratt  Thompson 

Lemon  Peters  Thornton 

Loudon  Pinckney  Trower 

McCallen  Eives  Turnbull 

Me  Cully  Bobiuson  Turner 

McClure  Roman  Tutt 

Markley  Stadden  Wead 

Marshall  of  Coles  Swan  Williams 

Marshall  of  Mason  Servant  Whitney 

Mieure  Simpson  Worcester. 
Minshall 

Mr.  Brown  of  Madison,  on  leave,  read  a  communication  from  Edward 
Keating,  chief  marshal,  &c.,  inviting  the  convention,  through  Mr.  Brown, 
as  mayor  of  the  city  of  Alton,  to  attend  and  participate  with  the  citizens 
of  said  city,  on  Wednesday  next  at  2  o'clock,  p.  M.,  in  the  ceremonies  at- 
tendant upon  the  burial  of  the  remains  of  Lieutenants  Fletcher,  Ferguson, 
and  Robbins,  of  the  Alton  Guards,  3d  regiment  Illinois  volunteers,  who 
fell  upon  the  battle  field  of  Buena  Vista;  which  was  read,  whereupon, 

Mr.  Brown,  on  leave,  offered  the  following  preamble  and  resolutions, 
which  were  unanimously  adopted. 

Whereas,  this  convention  has  just  been  informed  that  the  bodies  of 
Lieutenants  Edward  F. Fletcher,  Lauri>ton  Robbins,  and  Rodney  Fergu- 
son, of  the  Alton  Guards,  2d  regiment  Illinois  volunteers,  who  fell  upon 
the  bloody  field  of  Buena  Vista,  while  nobly  sustaining  the  honor  of  their 
country,  have  reached  Alton,  and  that  they  will  be  interred  in  that  city 
on  Wednesday,  the  21st  inst.,  with  funeral  honors;  and  whereas,  this  con- 
vention, believing  that  it  is  right  and  proper  for  them  to  commemorate 
the  noble  and  patriotic  deeds  and  virtues  of  those  who  have  so  gloriously 
fallen  in  the  service  of  their  country;  be  it  therefore, 

Resolved,  That  this  convention,  deeply  sympathize  with  the  families  and 
friends  of  the  lamented  Fletcher,  Robbins,  and  Ferguson,  who  have  been 
so  suddenly  cut  down  in  the  vigor  of  youth,  and  whose  noble  deeds  on 
the  bloody  field  of  Buena  Vista  have  enshrined  their  memories  in  the  affec- 
tions of  the  nation,  and  placed  their  names  on  the  page  of  history. 

Resolved  9  That  this  convention  for  the  purpose  of  honoring  the  lamen- 
ted dead,  will  join  in  the  celebration  of  their  funeral  ceremonies. 

Resolved,  That  a  committee  of  nine  b'e  appointed  to  represent  this  con- 
vention in  the  funeral  ceremonies  aforesaid. 

Resolved,  That  copies  of  the  foregoing  preamble  and  resolutions,  signed 
by  the  president  and  secretary,  be  transmitted  by  the  secretary  to  the  fam- 
ilies of  the  deceased  Fletcher,  Robbins,  and  Ferguson. 

Ordered,  That  Messrs.  Brown,  Singleton,  Smith   of  Gallatin,  Consta- 
ble, Pratt,  Woodson,  McCallen,  Colby,  and  Rogue,  be  that  committee. 
On  motion  of  Mr.  Peters, 

The  report  of  the  committee  on  the  Judiciary  Department,  was  taken 
from  the  table,  and  referred  to  the  committee  of  the  whole. 
On  motion  of  Mr.  Logan, 

The  report  of  the  committee  on  Counties  was  taken  from  the  table,  and 
referred  to  the  committee  of  the  whole. 


July  19.]          JOURNAL  OF  THE  CONVENTION.  183 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole  to  consider  the  report  of  the  committee  on  the  Judiciary  De- 
partment— Mr.  Scates  in  the  chnir. 

Mr.  Davis  of  Massac  moved  to  strike  out  the  whole  of  the  first  section, 
and  to  substitute  therelor  the  following: 

"The  judicial  power  of  this  state  shall  be  vested  in  one  supreme  court, 
in  circuit  courts,  injustices  of  peace,  and  in  such  other  courts  as  the  le^isj- 
turo  may,  from  time  to  time,  establish." 

Mr.  Jenkins  moved  to  amend  the  first  section  by  striking  out  all  after 
the  words  '^circuit  courts,"  and  inserting  the  words  "county  courts, 
and  such  other  courts  as  may  be  established  t>y  this  constitution.'' 

Mr.  Logan  moved  the  following  as  a  proviso  to  be  added  to  the  amend- 
ment: 

"Provided,  the   legislature  may  establish  in   cities  having  a  population 

over thousand  such  tribunal  as  may    be  necessary,    having  police 

jurisdiction  and  ciiminal  jurisdiction  in  cases  less  than  felony." 

Tho  question  was  taken,  and  the  proviso  rejected. 

Mr.  Norton  called  for  a  division, eo  as  to  take  the  question  first  on  stri- 
king out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative. 

Mr.  Norton  called  for  a  further  division,  so  as  first  to  take  the  question 
on  inserting  the  words  "county  courts." 

The  question  was  taken  on  inserting,  and  agreed  to. 

The  question  was  taken  on  inserting  the  remainder  of  the  amendment, 
and  agreed  to. 

Mr.  Church  moved  further  to  amend  the  same  section,  as  amended,  by 
inserting  after  the  words  "county  courts,"  the  words  "probate  courts." 
On  motion  of  Mr.  Lemon, 

The  committee  rose,  reported  progress,   and  asked  leave   to  sit  again; 
which  was  granted. 
On  motion, 

The  convention  adjourned  tj  three  o'clock.  P.  M. 


THREE  O'CLOCK,  P.  M. 

The  convention  met  pursuant  to  adjournment. 

According  to  order,  tiie  convention  resolved  itself  into  a  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  the  Judiciary 
Department — Mr.  Scates  in  the  chair. 

The  question  pending  when  the  committee  rose,  was  on  inserting  the 
words  "probate  courts"  aftor  the  words  "county  courts,"  in  the  first  se  c- 
tion,  as  amended. 

The  question  was  taken,  but  no  quorum  voting,   the  committee    rose, 
and  the  chairman  reported   that  fact  to  the  convention. 
On  motion  of  Mr.  Shields, 

A  call  of  the  convention  was  ordered.  The  call  was  proceeded  in,  and 
1'20  members  having  answered  to  their  names,  and  a  quorum  being 
present, 

Mr.  Scates  again  resumed  the  chair  in  committee  of  the  whole. 


184  JOURNAL  OF  THE  CONVENTION.  {July  19. 

The  question  was  again  taken  upon  inserting  the  words  "probate 
courts,'*  and  decided  in  the  negative. 

The  question  again  recurred  on  striking  out  the  whole  of  the  first  sec- 
tion, and  insertiag  other  words  in  lieu  of  them,  as  moved  by  Mr.  Davis  of 
Massac  this  morning. 

Mr.  Vance  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Archer  moved  to  amend  the  second  section  by  striking  out  the 
words  "and  in  such  cases  of  impeachment  as  may  be  required  to  be  tried 
before  it." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Hurlbut  moved  to  amend  the  same  section  by  striking  out  the 
words  "except  in  cases  relating  to  the  revenue." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Thomas  moved  to  amend  the  same  section  by  striking  out  the 
words  ^prohihition*  gui  warrarito,  informations  in  the  nature  of  quo 
warranto  and  certiorari" 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Thomas  moved  to  amend  the  same  section  by  adding  thereto  the 
words  "and  all  the  other  writs  necessary  to  the  rightful  exercise  of  the 
same  jurisdiction.'* 

Mr.  Logan  moved  further  to  amend  the  same  section  by  striking  out  the 
words  "and  power  to  issue." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  I)iJe  moved  to  amend  the  third  section  by  striking  out  the  word 
"two,"  in  the  first  line,  and  inserting  in  lieu  then  of  the  word  "three." 

Mr.  Shields  called  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Pratt  moved  to  amend  the  same  section  by  striking  out  the  word 
"twelve,"  in  the  second  line,  and  to  insert  in  lieu  thereof  the  word  "fifteen." 

Mr.  Witt  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Kitchell  moved  to  amend  the  same  section  by  adding  thereto  the 
following: 

"Provided,  that  the  General  Assembly  may.  whenever  it  shall  become 
necessary  to  provide  for  the  additional  associate  justices,  not  exceeding  two 
others,  to  be  appointed  as  provided  in  this  constitution." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Hayes  moved  to  amend  the  same  section  by  striking  out  the 
words  "who  shall  be  not  less  than  thirty  five  years  of  age." 

Mr.  Thomas  moved  to  amend  the  amendment  by  inserting  in  lieu  of  the 
words  to  be  struck  out,  the  words  "forty -five." 

Mr.  Witt  called  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.   Witt, 

The  same  section  was  amended  by  inserting  after  the  word  "ape,"  in 
the  second  line,  the  words  "who  shall  have  been  a  citizen  of  the  United 
States  five  years." 

Mr.  Wead  moved  to  strike  out  the  third  section  and  to  insert  in  lieu 
thereof  the  following: 


July  20.]  JOURNAL  OF  THE  CONVENTION.  185 

"The  supreme  court  shall  consist  of  the  three  judges,  any  two  of  whom 
shall  form  a  quorum;  and  the  concurrence  of  two  of  said  judges  shall,  in 
all  cases,  be  necessary  to  a  decision." 

On  motion,  the  question  was  taken  on  striking  out,  and  decided  in  the 
negative. 

Mr.  Kitchell  moved  to  amend  the  same  section  by  adding  thereto  the 
words  "any  two  of  said  justices  shall  constitute  a  quorum,  and  the  concur- 
rence of  two  of  them  shall  in  all  cases  be  necessary  to  a  decision." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Servant  moved  to  amend  the  same  fourth  section  by  striking  out 
all  after  the  word  "be,"  in  the  first  line,  and  to  insert  in  lieu  thereof  the 
words  "appointed  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  and  shall  hold  their  office  during  good  behaviour." 
On  motion  of  Mr.  Knapp  of  Jersey, 

The   committee  rose,  reported  progress,  and  asked  leave  to  sit  again; 
which  was  granted. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning  at  9  o'clock. 


TUESDAY,  JULY  20,  1847. 


Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Green  of  Taze well,  a  member. 

The  journal  of  yesterday  was  read. 

Mr.  Kinney  of  St.  Clair  presented  thft  petition  of  Seth  CatMn,  and 
thirty -five  others,  citizens  of  St.  Clair  county,  praying  that  provision  may 
be  made  in  the  new  constitution  for  a  superintendent  of  public  instruction, 
with  a  liberal  salary.^ 

Mr.  Wead  presented  the  petition  of  Jes?e  Allison,  and  six  others,  citi- 
zens of  Fulton  county,  praying  for  a  like  provision. 

Mr.  Cross  of  Winnebago  presented  the  petition  of  Darius  Adams,  and 
fifty-one  others,  citizens  of  Winnebago  county,  also  praying  for  alike  pro- 
vision. 

On  motion,  the  reading  of  the  petitions  was  dispensed  with,  and  they 
were  referred  to  the  committee  on  Education. 
On  motion  of  Mr.  Robbins, 

Resolved^  That  the  committee  on  Finance  inquire  into  the  expediency 
of  inserting  in  the  constitution  an  article  requiring  the  legislature  to  as- 
certain, from  time  to  time,  the  amount  of  the  state  debt.  To  apportion 
the  state  debt  according  to  taxable  property  assessed  in  the  state.  To 
provide  by  law,  that  any  individual  may  pay  his  share  of  the  state  debt, 
proportioned  to  his  taxable  property,  and  that  such  real  estate  as  shall 
have  paid  its  proportional  part  of  state  indebtedness,  and  the  value  of  so 
murh  personal  estate  as  shall  have  paid  its  proportional  part  of  state  in- 
debtedness, shall  ever  thereafter  be  exonerated  from  any  liability  in  con- 
sequence of  the  state  debt,  and  to  provide,  from  moneys  raised  from  such 
voluntary  payments,  a  sinking  fund  with  which  to  purchase  the  state  in- 
debtedness. 


186 


JOURNAL  OF  THE  CONVENTION.          {July  20 


On  motion  of  Mr.  Knapp  of  Jersey, 

The  following  preamble  and  resolution  were  adopted: 
'     Whereas,  a  respectable  minister  of  the  gospel,  whilst  attending  the  cor 
vention  to  open  the  session  by  prayer,  under  resolution  of  the  conventioi 
has  been  grossly  insulted  and  menaced  with  bodily  injury  by  a  member 
the  convention;  and  whereas,  it  is  alike  due  to   the  convention   and  th| 
ministers  that  we  should  not  invite  them  to  perform   that  duty  unless 
could  secure  them  against  such  indignities  ;  therefore, 

Resolved,  That  the  resolution  inviting  the  clergymen  of  Springfield   tl 
open  the  sessions  of  the  convention   with    prayer   be  rescinded,  and  th; 
the  secretary  inform  the  said  clergymen  of  the  same,  with  the  assuram 
of  the  convention  that  this  step  is   not    adopted   from   any  dissatistactiol 
with  the  manner  in  which   they  have  discharged  their  sacred,  dufy,  bi 
solely  from  an  unwillingness  to  subject  them  to  a  repetition  of  such  indi^ 
nities. 

According  to  order,  the  convention  resolved  itself  into  a  committee 
the  whole,  again  to  consider  the  report  of  the  committee  on  the  Judicial 
Depaitment — Mr.  Scates  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday,  was  oj 
the  motion  made  by  Mr.  Servant  to  amend  the  fourth  section. 

A  division  was  called  for,  so  as  to  take  the  question  first  on  striking  ou| 
On  motion  of  Mr.  Shumway, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  agaii 
which  was  granted. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  P.  M. 


THREE  O'CLOCK,  P.  M, 


The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Shields, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  and  116  members  having  ai 
swered  to  their  names,  and  a  quorum  being  present, 
On  motion  of  Mr.  Thomas, 

Further  proceedings  under  the  call  were  dispensed  with. 

According  to  order,  the  convention  resolved  itself  into  a  committee 
the  whole,  to  consider  the  report  of  the  committee  on  the  Judiciary 
partment — Mr.  Scates  in   the  chair. 

The  question  pending  when  the  committee  rose  this  morning,  was 
the  motion  made  by  Mr.  Servant  to  amend    the  fourth  section;   a  divisi< 
having  been  called  on  striking  out, 

Mr.  Henderson  moved  that  the  committee  rise,  report  progress,  and 
leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Bosbyshel!  moved  that  the   committee  rise,   report  progress,  ai 
ask  leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative. 


r«/y21.]  JOURNAL  OF  THE  CONVENTION.  187 

The  question  was  taken  on  striking  out,  as  proposed  by  Mr.   Servant, 
md  decided  in  the  affirmative. 

Mr.  Logan  moved  to  substitute,  for  the  part  proposed  by  Mr.  Servant 
o  be  inserted,  the  following: 

"Elected  by  districts  as  follows,  to  wit:  The  state  shall  be  divided  into 
hree  districts,  as  nearly  equal  as  may  be,  and  the  qualified  voters  of  each 
listrict  shall  elect  one  of  said  supreme  judges  for  the  term  of  nine  years." 
On  motion  of  Mr.  Peters, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again; 
vhich  was  granted. 
On  motion, 

The  convention  adjourned  until  to-morrow  morning,  at  nine  o'clock. 


WEDNESDAY,  JULY  21,   1847. 


The  convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  Kreider, 

Leave  of  absence  was  granted  to  Mr.  Markley  for  six  days,  in  conae- 
[uence  of  sickness  in  his  family. 
On  motion  of  Mr.  Allen, 

Leave  of  absence  was  granted  to  Messrs.  Loudon  and  Akin  for  ten  days, 
n  consequence  of  sickness  in  their  families. 
On  motion  of  Mr.  Thomas, 

Leave  of  absence  was  granted  to  Mr.  Dummer  for  four  days. 

Mr.  Jenkins,  from  the  committee  on  Counties,  which  was  instructed  by 
•esolution  to  inquire  into  the  expediency  of  providing  that  u  all  territory 
vhich  has  been  or  may  be  stricken  off,  by  legislative  enactment,  from  any 
rganizL'd  county  or  counties,  for  the  purpose  of  forming  a  new  county," 

c.,  reported  the  same  back,  and  asked  to  be  discharged  from  the  further 
:onsideration  thereof. 

On  motion  of  Mr.  Thomas, 

The  report  was  laid  on  the  table. 

Mr.  Shumway  moved  a  call  of  the  convention. 

The  question   was  taken,  and  decided  in  the  negative. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
he  whole,  again  to  consider  the  report  of  the  committee -on  the  Judicia- 
y  Department — Mr.  Scates  in  the  chair. 

The  question  pending  when  the  committee  rose  was  on  the  substitute 
>ffered  by  Mr.  Logan  for  the  amendment  proposed  by  Mr.  Servant  to  the 
burth  section;  when  the  substitute  was  withdrawn. 

Mr.  Davis  of  Massac  moved  the  following  as  a  substitute  for  the  fourth 
ection,  and  for  the  amendment  proposed  by  Mr.  Servant: 

*  The  state  shall  be  divided  into  three  grand  divisions,  as  nearly  equal 
is  may  be,  and  the  qualified  electors  of  each  division  shall  elect  one  of 
aid  supreme  judges  for  the  term  of  six  years." 

Mr.  Campbell  of  Jo  Daviess  moved  that  the  committee  rise,  report  pro- 
hress,  and  ask  leave  to  sit  again. 


188  JOURNAL  OF  THE  CONVENTION.         [July 

The  question  was  taken,  and  decided  in  the  negative. 

On  motion  of  .\Jr.  Lemon, 
The  committee  rose,  reported  progress,  and  asked  leave  to  sit  agaij 
which  was  granted. 

On  motion, 
The  convention  adjourned  to  3  o'clock,  p.  M. 


THREE  O'CLOCK,  p.  M. 


Convention  assembled  pursuant  to  adjournment. 

According  to  order,  the  convention  resolved  itself  into  a  committee  I 
the  whole,  again  to  consider  the  report  of  the  committee  on  the  Judicial 
Department — Mr.  Scates  in  the  chair. 

The  question  pending  when  (he  committee  last  rose,  was  on  the  subsj 
tute  offered  by  Mr.  Davis  of  Massac,  for  the  amendment  proposed  by  AJI 
Servant  to  the  fourth  section. 

The  question  was  taken,  and  the  substitute  agreed  to. 

Mr.  Campbell  of  Jo  Daviess  moved  to  amend  the  substitute  by  striki i 
out  the  words  "and  the  qualified  electors  of  each  division  shall  elect  o( 
of  said  supi  erne  judges  for  the  term  of  six  years,"  and  insert  in  lieu  the! 
of  the  words,  "one  of  said  judges  shall  reside  in  each  of  said  districj 
and  all  of  the  said  judges  shall  be  elected  by  the  qualified  voters  throu^j 
out  the  state." 

The  question  was  taken  thereon,  and'decided  in  the  negative. 

Mr.  Edwards  of  Sangamon  moved  to  amend  the  amendment  by  sir 
ing  out  the  word  "six,"  and  inserting  in  lieu  thereof  the  word  "  nine 

Mr.  Allen  called  for  a  division,  so  as  to  take  the  vote  first  on  striki 
out. 

The  question  was  taken  on  striking  out  "  six,"  and  decided  in  the  n< 
ative. 

JVlr.  Peters  moved  to  amend  the  substitute  by  substituting  therefor  tk] 
following: 

"The  governor  shall  nominate,  and  by  and  with  the  advice  and  ccL 
sent  of  the  senate,  (  two-thirds  of  the  senators  elected  concurring  there 
shall  appoint  the  judges  of  the  supreme  court,  who  shall  hold  their  ofnjj 
for  the  term  of  nine  years,  and  shall  be  ineligible  to  any  other  office  thl 
ajudicial  one  during  the  time  for  which  they  were  appointed,  and  oil 
year  thereafter." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Kenner  moved  to  amend  the  substitute  by  substituting  therefor 
following: 

"The  justices  of  the  supreme  court  shall  be  elected  by  a  joint  vote 
both  branches  of  the  general  assembly  at  their  first  session  after  the  ad 
tion  of  this  article,  for  the  term  of years." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Servant  moved  to  amend  the  substitute  by  striking  out  (he  woi 
u  for  the  term  of  six  years,"  and  inserting  in  lieu  thereof  the  words  "( 
ring  good  behavior.1' 


dy  22.]          JOURNAL  OF  THE  CONVENTION.  189 

Mr.  Wead  called  for  a  division,  so  as  to  vote  first  on  striking  out. 
The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 
Mr.  Wead  moved  to  amend  the  substitute  by  adding  thereto  the  follow- 

g: 

'*  The  legislature  may  change  or  alter  said  divisions  to  meet  the  exigen- 

es  of  the  people." 

Mr.  Brockman  moved  that  the  committee  rise,  report  progress,  and  ask 
ave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative, 
Mr.  Kitchell  renewed  the  motion;  which  was  taken,  and  decided  in 
e  affirmative. 

eave  was  accordingly  granted. 

On  motion, 
'he  convention  adjourned  to  9  o'clock,  to-morrow  morning. 


THURSDAY,  JULY  22,  1847. 


^he  convention  met  pursuant  to  adjournment. 

'he  journal  of  yesterday  was  read. 

tfr.  Cross  of  Winnebago  presented   the  petition  of  Albert  Tuttle,  and 

others,  legal  voters  of  the  county  of  Winnebago,  praying  that  no 
inction  be  made  on  account  of  ancestry  or  color,  but  that  the  subject 
eft  to  legislative  enactment. 

On  motion  of  Mr.  Cross  of  Winnebago, 

he  petition  was  referred  to  the  committee  on  the  Bill  of  Rights. 
Ar.  Stadden  presented  the  petition  of  M.  E.  Hollister,  and  eighty-five 
ers,  praying  that  provision  may  be  made  in  the  new  constitution  for 
office  of  superintendent  of  public  instruction,  with  a  liberal  salary. 

On  motion  of  Mr.  Stadden, 

The  reading  was  dispensed  with,  and  the  petition  referred  to  the  corn- 
tee  on  Education. 

tlr.  Archer,  from  the  committee  on  the  Organization  of  Departments, 
d  offices  connected  with  the  Executive  Department,  to  which  was  refer- 

the  petition  of  sundry  inhabitants  of  Lake  county,  praying  "that  the 
•cult  judges,"  and  sundry  other  offico.rs,  "  may  be  elected  by  the  people 
this  State,"  reported  that  said  committee  had  had  the  same  under  con- 
eration,  and  had  instructed  him  to  report  the  same  back,  and  ask  to  be 
charged  from  (he  further  consideration  thereof. 
The  question  was  taken,  and  the  comm'ttee  discharged. 
Mr.  Geddes  moved  to  suspend  the  rule  to  enable  him  to  introduce  a 
jolution. 

The  question  was  taken,  and  decided  in  the  negative. 
Mr.  West  moved  to  suspend  the  rule  to  enable  him  to  introduce  a  reso- 
ion. 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Z.  Casey, 


190  JOURNAL  OF  THE  CONVENTION.  [July  2 

The  rules  were  suspended  to  enable  him  to  introduce  the  following  < 
der: 

Ordered,  Thnt  fifteen  hundred  copies  of  the  journal  of  the  convent! 
be  printed  for  distribution  among  the  counties. 

Mr.  Church  moved  to  amend  the  order  by  striking  out  "fifteen,"  a 
inserting  "  twenty-five." 

Mr.  Shumway  called  for  a  division,  so  as  to  vote  firs:  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  recurred  on  agreeing  to  the  order,  and  being  taken, 
order  was  agreed  to. 

Mr.  Thomas  moved  to  suspend  the  rules  to  enable  him  to  introduc< 
resolution. 

The  question  was  taken,  and  decided  in  the  negative. 

According  to  order,  the  convention  resolved  itself  into  a  committee 
the  whole,  again  to  consider  the  report  of  the  committee  on  the  Judick 
Department — Mr.  Scates  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday,  was 
the  amendment  proposed  to  be  added  to  the  amendment  as  agreed  to, 
the  fourth  section,  by  Mr.  Wead. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Lockwcod  moved  to  amend  the  amendment  to  the  fourth  sect! 
as  agreed  to,  by  adding  the  following: 

'*  Th->  legislature  may,  from  time  to  time,  alter  said  divisions  prcviJ 
to  every  general  election  for  judges  of  the  supreme  court,  so  that  eacHI 
said  divisions  may  contain  as  nearly  as  may  be,  an  equal  number  of  n 
habitants,  and  contain  a  territory  as  nearly  as  may  be  in  compact  /ormfl 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Kitchell  moved  to  amend  the  amendment  to  the  fouith  sectionh 
agreed  to,  by  adding  thereto  the  following: 

"  After  the  year  1860,  and  may  lay  off,  if  deemed  necessary,  other  us 
tricts,  not  exceeding  two,  and  provide  for  the  election  of  other  judH 
therein." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Shumway  moved  to  amend  the  amendment  to  the  fourth 
tion,  as  agreed  to,  by  inserting  after  the  word  ''alter,"  the  words 
abolish." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Jones  moved  to  add  the  following  proviso  to  the  amendmen 
agreed  to,  to  the  fourth  section: 

"Provided,  The  number  of  districts  or  the  number  of  justices  of  | 
supreme  court  shall  never  be  increased  or  diminished." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Knbbins  moved  to  amend  the  amendment  to  the  fourth  section, 
substituting  therefor  the  following: 

"The  state  slall,  from  time  to  time,  be  divided  into  three  distinct  di 
ions,  the  northern,  southern,  and  middle  divisions,  which  shall  be  comp 
and  made  up  of  whole  counties  in  their  respective  portions  of  the  st 
and  to  contain  a  population  as  nearl)  equal  as  possible." 

The  question  was  taken,  and  decided  in  the  negative. 


luly  23.]  JOURNAL  OF  THE  CONVENTION.  191 

Mr.  Shields  moved  to  amend  the  amendment,  as  agreed  to,  to  the  fourth 
ection,  by  adding  thereto  the  following  proviso: 

"Provided,  That  such  alterations  shall  not  be  oftener  than  once  in  ten 
ears." 

The  question  was  taken  and  the  amendment  rejected. 
On  motion  of  Mr.  Marshall  of  Mason, 

The  amendment  to  the  fourth  section,  as  agreed  to,  was  further  amend- 
d  by  adding  thereto  the  following: 

"  Provided,  That  such  changes  or  alterations  shall  not  be  made  at  any 
•then  time  than  as  is  provided  for  the  apportionment  of  members  of  the 
eneral  assembly." 

Mr.  Kitchell  moved  to  amend  the  amendment  to  the  fourth  section,  as 
,g;reed  to,  by  inserting  after  the  word  "  elect,"  the  words  "  on  the  first 
londay  of  March  after  the  adoption  of  this  article." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  substitute  for  the  fourth  section,  as 
[mended,  and  decided  in  the  affirmative. 

Mr.  Wead  moved  to  strike  out  the  fifth  section,  and  insert  in  lieu  thereof 
le  words: 

"The  office  of  one  of  said  judges  shall  be  vacated  in  two  years,  of  one 

four  years,  and  of  one  in  six  years;  to  be  decided  by  lot,  so  that  one  of 
lid  judges  shall  be  elected  once  in  evr.ry  two  years.  The  judge  having 
x  years  to  serve  shall  be  the  chief  justice,  after  which  the  judge  having 
ic  oldest  commission  shall  be  chief  justice." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Wead  moved  to  strike  out  the  sixth  section  and  insert  the  follow- 

4k  The  supreme  court  shall  hold  one  term  at  least  once  in  each  year  in 
ch  of  the  three  grand  divisions  in   this  state,  and  such  other  terms  in 
ch  division  as  the  legislature  may  prescribe  by  law." 
Mr.   Hayes  called  fora  division,  so  as  to  vote  first  on  striking  out. 
Mr.  Kvey  offered  the  following  as  a  substitute  for  the  proposed  amend- 
enf: 

"  One  term  of  the  supreme  court  shall  be  held  annually  in  each  of  the 
live  judicial  circuits  (and  such  other  judicial  circuits  which  may  here- 
,er  be  made)  in  this  state,  at  such  time  and  place  as  may  be  provided  by 
w." 

On  motion  of  Mr.  Dement, 

The  committee  lose,  reported  progress,  and  asked  leave  to  sit  again; 
rich  was  granted. 

On  motion, 
The  convention  adjourned  until  3  o'clock,  P.  M. 


THREE   O'CLOCK,    P.    M. 

The  convention  met  pursuant  to  adjournment. 

The  convention  resolved  itself  into  committee  of  the  whole,  again  tt> 


192  JOURNAL  OF  THE  CONVENTION.  [July  23 

consider  the  report  of  the  committee  on  the  Judiciary  Department — Mr 
Scutes  in  the  chair. 

The  question  pending  when  the  committee  rose,  was  on  the  substitute 
proposed  by  Mr.  Evey  tor  the  amendment  proposed  to  the  sixth  sectior 
by  Mr.  Wead. 

A  division  having  been  called  for  on  striking  out. 
On  motion  of  Mr.  Davis  of  McLean, 

The  committee  rose,  reported   progress,   and  asked  leave  to  sit   again 
which  was  granted. 
On  motion, 

The  convention  adjourned  to  to-morrow  morning  at  nine  o'clock. 


FRIDAY,  JULY  23,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 

Mr.  Farwell  presented  the  petition  of  J.  K.  Brewster  and  forty-seve 
others,  praying  that  provision  may  be  made  in  the  new  constitution  f< 
the  office  of  superintendent  of  public  instruction,  with  a  liberal  salary 

On  his  motion,  the  reading  was  dispensed  with,  and  the  petition  refe 
red  to  the  committee  on  Education. 

Mr.  Servant  from  the  select  committee  to  which  was   referred  the 
titions  of  the  inhabitants  of  Kaskaskia,  on  the  subject  of  "commons,'* 
ported  that  the  committee  had  had    the  subject  under  consideration,  a 
that  the  following  is  proposed  to  be  engrafted  into  the  new  constitution: 

SECTION  — .  All  landa  which  have  been  granted   as  a  "common"  to  t 
inhabitants  of  any  town,  hamlet,  village  or  corporation,  by  any  perso 
body  politic  or  corporate,  or  by  any  government  having  power  to   ma 
such  grant,  shall  forever  remain  common  to  the  inhabitants  of  such  tow 
hamlet,  village  or  corporation;  but  the  said  commons,  or  any  of  them 
any  purt  thereof,  may  be  divided,  leased  or  granted,  in  such   manner 
may  hereafter  be  provided  by  law,  on  petition  of  a  majority  of   the  qu 
fied  voters,  interested  in  such  common,  or  any  of  them. 
On  motion  Mr.  Scates, 

The  report  was  laid  on  the  table,  and  200  copies  ordered  to  be  print 

Mr.  Allen,  from  the  committee  on  the  Bill  of  Rights,  to  which  was 
ferred  the  petition  of  sundry  citizens  of  Washington  county  in  relation 
foreigners,  reported  the  same  back,  and  asked  to  be  discharged  from   t 
further  consideration  thereof. 

The  question  was  taken,  and  the  committee  discharged. 

According  to  order,  the  convention  resolved  itself  into  a  committee 
the  whole,  again  to  consider  the  report  of  the  committee  on  the  Judici 
Department — Mr.  Scates  in  the  chair. 

The  question  pending  when  the  committee  rose    on  yesterday,  was 
the  amendment  offered  by  Mr.  Evey,  as  a  substitute  for  the    amendme 
offered  by  Mr.  Wead  for  the  6th  section. 

A  division  having  been  called  for  on  striking  out, 


July  23.]  JOURNAL  OF  THE  CONVENTION.  193 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Eccles  offered  the  following,  to  be  added  as  a  proviso  to  the  6th 
section: 

"Provided,  the  legislature  may,  whenever  the  interest  of  the  people  re- 
quire it.  change  the  place  of  holding  said  court  from  the  circuits  to  the 
seat  of  government,  or  to  one  point  in  each  of  the  grand  divisions  hereto- 
fore provided  for;  said  change  not  to  be  oftener  than  once  in  six  years.5! 

Mr.  Harvey  moved  to  substitute  for  the  amendment  to  be  prefixed  to  the 
section,  the  words  "until  otherwise  provided  by  law." 

The  question  was  taken,  and  the  substitute  for  the  amendment  rejected. 

Mr.  Caldwell  moved  as  a  substitute  for  the  amendment,  so  to  amend 
the  section  us  to  make  it  read  as  follows: 

ltOne  term  of  the  supreme  court  shall  be  held  at  such  times  and  places 
as  may  be  provided  by  law." 

The  question  was  taken,  and  the  substitute  rejected. 

Mr.  K.iichell  moved  to  amend  the  amendment  by  substituting  therefor 
the  following: 

"Provided,  the  general  assembly  may,  if  deemed  necessary,  provide  by 
law  for  holding  the  supreme  court  in  a  less  number  of  places,  but  never 
less  than  one  in  each  grand  division,  nor  shall  any  change  herein  be 
made  before  1853." 

The  question  was  taken,  and  the  substitute  rejected. 

Mr.  Shumway  moved  to  amend  the  amendment  by  striking  out  the 
words  ''to  the  seat  of  government." 

The  question  was  taken,  and  the  amendment  to  the  amendment  re- 
jected. 

Mr.  Kinney  of  St.  Clair  moved  to  amend  the  amendment  by  substitu- 

I  ling  thereior  the  words  "but  the  legislature   may  change  the   time    and 

place  of  holding  the  supreme  court;   Provided,   that   it  is  not  held   in  less 

than  five  places  in  the^state;  such  change,  however,  not  to  be  made  oftener 

than  once  in  six  years." 

The  question  was  taken,  and  thesubstitute  rejected. 

Mr.  Campbell  of  Jo  Daviess  moved  that  the  amendment  be  amended 
by  substituting  therefor  the  following: 

^Provided,  the  legislatuie  may?  at  any  time,  make  such  changes  as  the 
[wants  of  the  people  shall  require." 

The  question  was  taken,  and  the  proviso  rejected. 

Mr.  Knapp  of  Scott  moved  to  substitute  for  the  amendment,  the  word* 
'alternate  sessions  of  the  supreme  court  shall  be  held  in  each  of  the  grand 
.divisions,  at  some  central  point  in  each  division,  to  be  designated  by  the 
jcourt  itself.at  such  times  as  shall  be  prescribed  by  law." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Knapp  of  Jersey  moved  to  substitute  for  the  amendment,  the  fol- 
lowing: 

"Two  terms  of  the  supreme  court  shall  be  held  annually,  at  such  time 
ind  places  as  may  be  directed  by  the  legislature." 

The  question  wns taken,  and  the  substitute  rejected. 

The  question  recurred  on  adopting  the  amendment  offered  by  Mr. 
s,  and  being  taken,  the  amendment  was  agreed  to. 


194  JOURNAL  OF  THE  CONVENTION.  [July  23. 

Mr.  Shumway  moved  to  amend  the  seventh  section  by  striking  out  the 
word  "twelve,"  and  by  inserting  in  lieu  thereof  the  word  "nine." 

Mr.  Caldwell  moved  as  a  substitute  for  the  amendment  the  following: 

»*'J  he  state  shall  be  divided  into  twenty  judicial  districts,  in  each  of 
which  one  circuit  judge  shall  be  elected  by  the  qualified  electors  thereof, 
who  shall  hold  his  office  for  the  term  of  four  years,  and  until  his  successor 
shall  be  commissioned  and  qualified  " 

Mr.  Shields  called  for  a  division,  so  as  to  vote  first  on  striking  out. 
On  motion  of  Mr.  Edwards  of  Madison, 

The  committee  rose,  reported  back  the  report  with  sundry  amendments, 
and  asked  the  concurrence  of  the  convention  therein. 

Mr.  Edwards  of  Madison  moved  that  the  whole  subject  be  referred  to 
a  select  committee  of  one  from  each  judicial  circuit. 

Mr.  Minshall  moved  two  from  each  judicial  circuit. 

Mr.  Rountree  moved  three  from  each  judicial  circuit. 

The  question  was  taken,  and  the  whole  subject  was  referred  to  a  select 
committee  of  three  from  each  judicial  circuit. 

Ordered,  That  Messrs.  Edwards  of  Madison,  Lockwood,  Davis  of  Mas- 
sac,  Rountree,  Davis  of  McLean,  Williams,  Farwell,  Wead,  Caldwell, 
Minshall,  Manly,  Spencer,  Thompson,  Balliiigall,  Henderson,  Hoes, 
Evey,  Logan,  Scatf  s.  Kinney  of  St.  Clair,  Harlan,  Constable,  Knapp  of 
Scott,  Bosbyshell,  Dement,  Hurlbut,  and  Kinney  of  Bureau,  be  that  com- 
mittee. 

On  motion, 

The  convention  adjourned  until  3  o'clock,  r.  M. 

THREE  O'CLOCK,  P.  M. 

The  convention  assembled  pursuant  to  adjournment. 

On  motion  of  Mr.  Edwards  of  Madison, 

The  rule  was  suspended  to  enable  him  to  introduce  an  article,  to  be  in- 
serted in  the  constitution  on  the  subject  of  the  public  debt: 

ARTICLE  — . 

SECTION  1.  There  shall  be  annually  assessed  and  collected,  in  the  same 
manner  as  other  state  revenue  may  be  assessed  and  collected,  a  tax  ol 

mills  upon  each  one  hundred  dollars  worth  of  taxable  property,  in 

addition  to  ail  other  taxes,  to  be  applied  as  follows,  to  wit:  the  fund  so 
created  shall  be  kept  separate,  and  shall  annually,  on  the  first  day  of  Jan- 
uary, be  apportioned  and  paid  over  pro  rata  upon  all  su«  h  state  indebt- 
edness, other  than  the  canal  and  school  indebtedness,  as  may,  for  that 
purpose,  be  presented  by  the  holders  of  the  same,  to  be  entered  as  credit* 
upon,  and,  to  that  extent,  in  extinguishment  of  the  principal  of  said  in- 
debtedness. 

SEC.  2.  Hereafter,  any  taxpayer  may  have  an  estimate  made  at  any 
time  of  his  proportion  of  the  state  indebtedness  above  provided  for,  by 
taking  as  data  the  whole  of  said  indebtedness,  principal  and  interest, 
doe  at  the  time  of  making  the  estimate — the  then  last  assessment  of  the 


July  23.]  JOURNAL  OF  THE  CONVENTION.  195 

taxable  property  of  such  tax  payer,  and  the  aggregate  of  the  then  last  as- 
sessment for  the  whole  state,  and  rray  pay  into  the  treasury  the  amount  of 
such  estimate,  either  in  money  or  in  such  state  indebtedness,  and  upon 
so  paying,  shall  be  forever  discharged  from  any  and  all  further  assess- 
ments on  account  ol  such  state  indebtedness,  in  respect  of  so  much  per- 
sonal property  as  he  then  has,  and  of  all  such  real  estate  as  may  be  inclu- 
ded in  the  estimated  assessment,  and  such  real  estate  shall  be  forever 
discharged  from  any  and  all  further  assessments  on  such  account,  into 
whose  hands  soever  it  may  pass. 

SEC.  3.  Any  state  indebtedness  coming  into  the  treasury  by  virtue  of 
the  above  section,  shall  be  simply  cancelled  and  destroyed,  and  any  money 
so  coining  in  shall  be  added  to,  and  applied  as  part  of  the  aforesaid  mill 
fund. 

SEC.  4.  This  article  shall  be  submitted  to  a  vote  of  the  people,  and  if 
voted  for  by  a  majority  of  all  voting  on  the  question,  shall  become  a 
part  of  this  constitution,  and  shali  remain  in  force  until  the  whole  of  the 
indebtedness  therein  provided  for  shall  be  paid,  and  no  longer;  and  in- 
terest shall  be  counted  only  upon  the  original  principal  of  said  indebted- 
ness, and  the  extinguished  portions  of  said  principal  shall  cease  lo  draw 
i  interest,  at  and  from  the  respective  times  of  thpir  extinguishment.  And 
it  shall  be  the  duty  of  the  general  assembly  to  make  all  necessary  provisions 
for  carrying  this  article  into  effect  in  good  faith. 

On  motion  of  Mr.  Robbing, 
The  article  proposed  was  referred  to  the  committee  on  Finance. 

On  motion  of  Mr.  Archer, 

The  report  of  the  committee  on  the  Organization  of  Departments  and 
offices  connected  with  the  Executive  Department,  was  taken  from  the 
table,  and  referred  to  a  committee  of  the  whole  convention. 

On  motion  of  Mr.  Archer, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  to  con- 
sider the  report  of  the  committee  on  the  Organization   of  Departments 
;  and  offices  connected  with  the  Executive  Department — Mr.  Z.  Casey  in 
i  the  chair. 

Mr.  Butler  moved  lo  amend  the  first  section  by  striking  out  the  words 
}  aone  thousand,"  and  by  inserting  in  lieu  thereof  the  words  ''fifteen 
!  hundred." 

Mr.  Witt  called  fora  division, so  as  to  vote    first  on  striking  out. 
The  question  was  taken,  and  decided  in  the  negative. 

On  motion  of  Mr.  Davis  of  McLean, 

The  first  section  was  amended  by  inserting  after  the  word  "salary,"  the 
words  "exclusive  of  clerk  hire." 

Mr.  Evey  moved  to  amend  the  game  section,  by  striking  out  the  wo»ds 
"one  thousand,"  and  by  inserting  in  lieu  thereof  the  words  «'eiglu  hun- 
dred." 

The  question  was  taken,  and  decided  in  the  negative. 

On  motion  of  Mr.  Jones, 
The  same  section  was  amended  by  adding  thereto  the   words  Uan1  no 


196  JOURNAL  OF  THE  CONVENTION.          [July  23. 

On  motion  of  Mr.  Shumway, 

The  second  section  was  amended  by  adding  thereto  the  words  "and  no 
more." 

Mr.  Logan  moved  to  amend  the  same  section  by  striking  out  the  words 
"e:4rht  hundred,"  and  by  inserting  in  lieu  thereof  the  words  **one  thousand." 

On  motion,  the  question  was  taken  on  striking  out,  and  decided  in  the 
negative. 

Mi.  Kenner  moved  to  amend  the  same  section  by  striking  out  the  word 
"two,"  and  to  in?ert  in  lieu  thereoi  the  \vord  "tour." 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Peters, 

The  same  section  was  amended  by  inserting  after  the  word  "years,*' 
the  words  "and  until  his  successor  is  qualified." 

Mr.  Church  moved  to  amend  the  same  section  by  inserting  after  the 
woHs**per  annum,"  the  words  "exclusive  of  ck-rk  hire." 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Geddes, 

The  tl.ird  section  was  stricken  out. 

On  motion  of  Mr.  Cross  of  Winnebago, 

The  fourth  section  was  stricken  out. 

On  motion,  the  committee  rose,  reported  back  the  report  with  sundry 
amendments,  and  asked  the  concurrence  of  the  convention  therein. 

The  question  was  taken  and  the  report  concurred  in. 
On  motion  of  Mr.  Peters, 

The  first  section  was  amended  by  inserting  after  the  word  "years,"  the 
words  "and  until  his  successor  is  qualified." 

When,  the  question  was  taken  upon  the  adoption  of  the  article,  as  amen- 
ded, and  decided  in  the  affirmative. 

On  motion  of  Mr.  Marshall  of  Mason, 

The  report  of  the  committee  on  Elections  and  the  Right  of  Suffrage 
was  taken  irorn  the  table,  and  referred  to  a  committee  of  the  whole  con- 
vention. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole  to  consider  the  report  of  the  committee  on  Elections  and  the 
Right  of  Suffrage — Mr.  Harvey  in  the  chair. 

Mr.  Scales  moved  to  amend  the  fir>t  section  by  striking  out  the  word 
"citizen,1'  and  to  insert  in  lieu  thereof  the  word  -inhabitant." 

Mr.  Deitz    called    for  a  division,    so   as    to    vote  first  on  striking  out. 

The  question  WHS  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Roman  moved  to  amend  the  same  section  by  inserting  after 
the  word  "constitution,'*  in  the  4th  line,  the  words  "or  who  has  filed  his 
declaration  of  his  intention  to  become  a  citizen  of  the  United  States,  ae-' 
cording  to  the  laws  thereof.*' 

Mr.  Harding    moved    to    amend    the  amendment  by   striking  out  t! 
word  ''or,"  and  by  inserting  in  lieu  thereof  the  word"and." 
On  motion  of  Mr.  bos^y^helJ, 

The  committee  rose,  reported  progress,  and  asked  leave  to   sit   again 
which  was  granted. 

On  leave,  Mr.  Gregg  offered  they  following  resolution: 


July  20.]          JOURNAL  OF  THE  CONVENTION.  107 

Rrsol'wZ,  That  the  sergeant-at-a**rns  and  assismnt  pernreant-at-a'-ms  be 
instructed  to  remove  the  carpet  from  the  floor  of  this  hall,  and  in  order  to 
give  time  for  such  removal,  and  also  to  give  turn:  to  the  committees  to  com- 
plete their  labors,  when  the  convention  adjourns  to  day,  it  adjourn  to 
meet  on  Monday  next  at  8  o'clock,  A.  M. 

The  question  was  taken,  and  the  resolution  adopted. 
On  motion, 

The  convention  adjourned. 


MONDAY,  JULY  26,  IS47. 


Convention  assembled  pursuant  to  adjournment. 

The  journal  of  Friday   was  read. 
On  motion  of  Mr.  Hayes, 

The  rule  was  suspended  to  enable  him  to  introduce  the  following  res- 
olutions: 

Resolved,  That  so  much  of  a  preamble  and  resolution  in  lelation  to  the 
chaplains  of  this  body,  (which  appears  on  the  journal  of  Tuesday  last.)  as 
assumes  that  this  convention  is  not  able  and  willing  to  protect  itself  and 
officers  from  interruption  or  insult  while  in  discharge  of  their  duties,  be 
rescinded. 

Resolved,  That  the  president  be  requested  to  provide  for  the  opening  of 
the  morning  sessions  with  prayer. 
On  motion  of  Mr.  Nichols, 

The  previous  question  WHS  ordered. 

The  question  was  taken  on  the  adoption  of  the  resolutions  and  decided 
in  the  affirmative. 

Mr.  Sherman  offered  the  following,  as  an  article  to  be  engrafted  in  the 
new  constitution: 

ARTICLE  — . 

SECTION  L  Corporations  not  possessing  banking  powers  or  privileges 
nviy  be  formed  under  general  laws,  but  shall  not  be  dented  hy  special 
acts  except  lor  municipal  purposes,  and  in  cases  where,  in  the  judgment 
of  the  legislature,  the  objects  of  the  corporation  cannot  be  obtained  under 
general  laws. 

SBC.  2.  No  stale  bank  shall  hereafter  be  created,  nor  shall  the  str»te 
own  or  be  liable  for  ar.y  stock  in  any  corporation  or  joint  stock  associa- 
tion for  banking  purposes. 

Sue.  3.  NO  banking  powers  or  privileges  shall  be  granted  except  by 
general  laws,  which  shall  be  in  accordance  with  the  folio  wing  provisions: 

1st.  No  law  shall  be  passed  sanctioning  in  any  manner, directly  or  in- 
directly, the  suspension  of  specie  payments. 

2d.  Ample  security  in  interest-pa)  ing  stocks  of  the  United  States  or  of 
the  states  shall  be  deposited  with  the  treasurer  of  state,  lor  the  redemption 
in  specie  of  all  the  bills  and  notes  put  in  circulation,  and  no  stock  shall  be 


19S  JOURNAL  OF  THE  CONVENTION.  [July  26. 

received  in  deposite  as  aforesaid  but  such  as  shall  be  at  par  value  at  the  time 
of  said  deposit,  and  of  such  states  as  shall  have  regularly  and  promptly  paid 
their  interest  for  the  three  years  immediately  preceding  the  deposit,  and 
no  hills  or  notes  shall  be  put  in  circulation  by  any  association  but  such  as 
are  registered  and  countersigned  by  the  treasurer  of  state,  to  any  banking 
association,  and  the  notes  or  hills  so  registered  and  countersigned  for  any 
banking  association  shall  not  exceed  in  amount  the  stocks  or  bonds  de- 
posited by  such  association;  Provided,  that  the  legislature  may  also  au- 
thorize a  deposit  of  the  bonds  of  this  state  to  be  made  in  like  manner  for 
a  like  redemption  of  such  bills  or  notes,  the  amount  and  value  of  such 
bonds  being  determined  by  the  rate  of  interest  which  the  state  may  at  the 
time  of  deposit  pav  on  the  same,  and  the  amount  of  such  deposit  shall  be 
proportionate  to  the  rate  per  centum  interest  paid  thereon. 

3d.  The  stockholders  in  any  corporation  and  joint  stock  association 
for  banking  purposes,  issuing  bank  notes  or  any  kind  of  paper  credit  to 
circulate  as  mon^y,  shall  be  individually  responsible  to  the  amount  of 
their  respective  share  or  shares  of  stock  in  any  such  corporation  or  asso- 
ciation, for  all  its  debts  and  liabilities  of  every  kind. 

4th.  In  case  of  insolvency  of  any  bank  or  banking  association,  the  bill 
holders  shall  be  entitled  to  preference  in  payment  over  all  other  creditors 
of  such  ^ank  or  association. 

5th.  Non-payment  of  specie  shall  be  a  forfeiture  of  all  banking  rights 
and  privileg*  s,  and  the  legislature  shall  provide  for  the  sale  of  said  stock, 
deposit  and  apply  the  proceeds  thereof  to  the  redemption  of  the  notes  or 
bills  in  circulation,  and  the  legislature  shall  have  power  to  remit  the  for- 
feiture or  relieve  from  anv  of  its  consequences,  and  provisions  shaM  be 
made  by  law  for  the  trial  in  a  summary  way,  by  judicial  tribunals,  of  all 
contested  questions  of  forfeiture  of  banking  privileges. 

SEC.  4.  No  corporation  or  association  for  banking  purposes  shall  have 
a  capital  less  than  one  hundred  thousand  dollars,  nor  greater  than  five 
hundred  thousand  dollars. 

SEC.  5.  The  embezzlement  of  the  funds  or  property  of  any  corpora- 
tion or  joint  stock  association  for  banking  purposes  by  any  officer  or  agent 
thereof  shall  be  deemed  a  felony,  and  it  shall  be  the  duty  of  the  general 
assembly  to  provide  for  the  punishment  of  such  felony  by  imprisonment 
in  the  penitentiary. 

SEC.  6.  This  article  shall  be  separately  submitted  to  a  vote  of  the  peo- 
ple, and  if  voted  for  by  a  majority  of  all  voting  on  the  question,  shall  be- 
come a  part  of  this  constitution. 

Mr.  Edmonson  offered  the  following  as  a  substitute: 

SECTION  I.  No  corporate  body  shall  hereafter  be  created  within  this 
state,  with  banking  or  discount  privileges,  either  under  special  or  general 
laws. 

SEC.  2.  No  state  bank  shall  hereafter  be  created,  nor  shall  the  state 
own  or  be  liable  for  any  stock  in  any  corporation  or  joint  stock  asso- 
ciation for  banking  purposes. 

SEC.  3.  Should  this  constitution  at  any  time  be  amended,  by  striking  from 
it  the  total  prohibition,  contained  in  the  first  section  of  this  article,  no  act 
of  the  general  assembly  authorizing  corporations  or  associations  with 
banking  powers,  shall  go  into  effect  or  in  any  manner  be  in  force,  un- 


JOURNAL  OF  THE  CONVENTION.        199 

less  the  same  be  directly  submitted  to  the  people  at  the  general  election 
next  succeeding  the  passage  thereof;  and  shall  have  been  approved  by  a 
majority  of  all  the  votes  cast  at  such  election. 

SEC.  4.  The  general  assembly  of  this  state  shall,  in  the  year  one  thous- 
and eight  hundred  and  fifty  one,  and  every  ten  years  thereafter,  propose 
such  amendments  to  this  constitution  as  a  majority  of  all  the  members 
elected  to  each  house  shall  deem  expedient.  The  vote  upon  each  propo- 
sition to  be  taken  by  yeas  and  nays,  in  each  house;  and  then  it  shall  b* 
the  duty  of  the  legislature  to  submit  the  proposed  amendment  or  amend- 
ments to  the  people  at  the  next  general  election  in  this  state,  in  such  man- 
ner as  they  by  law  shall  prescribe;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments,  by  a  majority  of  the  qualified 
voters  voting  at  such  election,  such  amendment  or  amendments  shall  be- 
come a  part  of  this  constitution. 

Mr.  Armstrong  offered  the  following  as  an  amendment  to  the  substitute: 

Whereas,  believing  that  money  is  and  ought  to  be  of  uniform  specific 
character  and  value,  in  order  to  answer  the  purpose  for  which  it  was  de- 
signed, the  medium  of  trade  and  commerce,  and  the  standard  of  value  for 
all  commodities,  arid  believing  that  paper  money  is  but  the  representative 
and  not  the  reality — a  shadow  or  promise  of  the  substance  on  which  no 
reliance  can  be  placed,  and  varying  the  value  with  the  credulity  and 
caprice  of  men,  according  to  time,  place  and  circumstances,  that  it  is  im- 
potent and  inefficient  to  discharge  any  debt  except  at  the  pleasure  of  the 
receiver.  It  is  of  evil,  corrupting  and  demoralizing  tendencies,  therefore 
fatal  to  the  best  interest  and  moral  condition  of  man,  imposing  an  enor- 
mous tax  on  the  producing  class  for  the  support  of  an  idle  and  non-produ- 
cing class.  That  it  encourages  and  enables  one  portion  of  community  to 
live  in  idleness  and  mischief,  at  the  expense  and  from  the  labor  of  the 
rest,  that  it  renders  bankruptcy  and  pauperism  popular  and  common;  that 
it  inverts  the  order  of  nature  and  social  obligations  by  nviking  the 
wealthy  splendid  ancl  magnificent  paupers  on  the  laboring  poor;  it  also 
subjects  the  trader  and  trade  to  great  trouble  and  loss  by  its  uncertain  and 
fluctuating  value,  and  consequently  exposes  every  man  to  want  and  b>g- 
gary,  thus  degrading  human  feelings,  encouraging  men  with  delusive 
hopes  of  wealth  from  trade  and  speculation,  and  diminishing  labor,  the  only 
source  of  wealth;  ther^forf, 

Resolved,  That  paper  money  bankruptcy  is  inexpedient  and  ought  not 
to  be  tolerated  in  this  state. 

On  motion  of  Mr.  McCailen, 

The  whole  subject  was  laid  on  the  table,  until  the  first  day  of  January 
next. 

On  motion  of  Mr.  KinneyofSt.  Clair, 

Leave  of  absence  was  granted  to  Mr.  McCulIy  for  ten  days. 

Mr.  Allen,  from  the  committee  on  the  Bill  of  Rights,  to  which  was  refer- 
red the  petition  of  Albert  Tuttle  and  others,  citizens  of  Winnebago  county, 
praying  that  no  distinction  be  made  on  account  of  ancestry  or  color,  re- 
ported that  the  committee  had  had  the  subject  under  consideration,  and 
asked  to  be  discharged  from  the  further  consideration  thereof. 

The  question  was  taken,  and  the  committee  discharged. 


2CO  JOURNAL  OF  THE  CONVENTION.  [July £7. 

Mr.  Thomas  moved  that  the  secretary  of  state  be  requested   to  procure 
a  carpet  lor  the  hall. 

Mr.  Vance  moved  to  amend  the  motion  so  that  the  door  keepers  shall 
n  place  so  much  of  ihe  old  caipet  as  is  suitable. 

The  question  was  taken  and  the  amendment  agreed  to. 

The  question  recurred  un  the  motion  as  amended,    and  being  taken,  it 
was  decided  in  the  affirmative. 

On  motion  ol  Mr.  Kinney  of  St.  Clair, 

Ordered,  'lhat  the  secretary  of  stale  be  requested  to  examine  the   old 
carpet,  and   to  procure  so  n.uch  new  carpet  as  niaj  be  necessity  to  cover 
the  floor  of  the  hall. 
On  motion, 

The  convention  adjourned. 


TUESDAY,  JULY  27,  1847. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Palmer  of  Marshall,  a  member. 

The  journal  of  yesterday  was  read. 

Mr.  Dummer  presented  the  petition  of  Charles  Chandler,  and  twenty- 
six  others,  citizens  of  Cass  and  Mason  counties,  prating  that  provision 
may  be  made  in  the  new  constitution  for  the  office  ol  superintendent  of 
public  instruction. 

On  motion  of  Mr.  Du.nmer, 

The  reading  was  dispensed  with,  and  the  petition  referred  to  the  com- 
mittee on  Education. 

On  motion  of  Mr.  Edwards  of  Sangamon, 

A  call  of  the  convent'on  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when, 

On  the  further  motion  of  Mr.  Edwards  of  Sangamon, 

Further  proceedings  under  it   were  dispensed  with. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  Elections  and 
the  Right  of  Suffrage — Mr.  Harvey  in  the  chair. 

The  question  pending  when  the  committee  last  rose,  was  on  the  motion 
of  Mr.  Geddes  to  amend  the  amendment  offered  by  Mr.  Roman  to  the 
first  section;  when, 

Mr.  Roman  offered  the  following  as  a  modification  of  his  amendment: 

Amend  the  first  section  by  inserting  after  the  word,  "constitutor),"  in 
the  fourth  line,  the  words  fck  and  all  free  white  male  inhabitants  of  the  age 
aforesaid,  not  being  citizens  of  the  United  States,  who  shall  have  resided 
in  this  state  one  year,  and  shall  have  declared  their  intention  to  become 
citizens  of  the  United  States  by  a  declaration  of  that  intention,  in  con- 
formity with  the  laws  of  the  United  States;  Provided,  whenever  congress 
shall  dispense  with  a  declaration  of  intention  as  a  requisite  to  naturaliza- 
tion, the  declaration  of  intention  required  above  shall  be  made  arid  tiled 
in  the  office  of  the  clerk  of  any  court  of  record  in  this  state." 

After  some  time, 


S.]          JOURNAL  OF  THE  CONVENTION.  201 

On  motion  of  Mr.  Bosbyshell, 

The  comimtt.ee  rose,  reported  piugress,  and  asked  leave   to  sit  again; 
whicti  was  grained. 
Un  jiioiiou, 
The  coiiveiuioii  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  p.  M. 


The  convention  met  pursuant  to  adjournment. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  Elections 
and  the  Right  of  Suffrage — Mr.  Harvey  ia  the  chair. 

The  question  pending  was  on  the  modified  amendment  offered  by  Mr. 
Roman  to  the  first  section. 

After  some  time, 

On  motion  of  Mr.  Geddes, 

The  committee  lose,  reported   progress,  and  asked  leave  to  sit  again; 
which  was  granted. 
On  motion, 

The  convention  adjourned. 


WEDNESDAY,  JULY   28,  1847. 


Convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Finley. 

The  journal  of  yesterday  was  read. 
On  motion  of  JVfr.  West, 

Leave  of  absence  was  granted  to  Mr.  Bond  for  six  days,  in  conse- 
quence of  sickness. 

On  motion  of  Mr.  Knapp  of  Jersey, 

*  Leave  of  absence  was  granted  to  Mr.  Harding  for  seven  days  from  next 
Friday. 

On  motion  of  Mr.  Geddes, 

Leave  of  absence  was  granted  to  Mr.  Moore  for  eight  days,  in  conse- 
quence of  sickness  in  his  family. 

On  motion  of  Mr.  Brockman, 

Leave  of  absence  was  granted  to  Mr.  McHatton  for  fourteen  days, 
and  to  Mr.  Huston  for  eight  days,  in  consequence  of  sickness. 

According  to  order,  the  convention  revived  itself  into  a  committee  of 
the  whole,  n^ain  *o  consider  the  report  of  t'ue  committee  OH  Elections 
and  the  Right  of  Suffrage — Mr.  Harvey  in  the  chair. 

Mr.  Whiteside  offered  the  following  to  be  added  to  the  amendment, 
which  was  accepted  by  Mr.  Roman,  as  a  further  modification  of  the 
amendment: 

"And  provided  further,  that  if  sw  h  inhabitant  shall  not  perfect  citizen- 
ship according  to  the  laws  of  the  United  Slates  at  the  earliest  practicable 


202  JOURNAL  OF  THE  CONVENTION.          [July  29. 

period  after  declaration  of  intention,  then   the   elective  franchise  shall 
cease,  until  citizenship  shall  have  been  perfected." 
After  some  time  spent  in  the  consideration  thereof. 

On  motion  of  Mr.  Markley, 

The  committee  rose,  reported  progress,  and  asked  leave   to  sit  again; 
which  was  granted. 
On  motion, 
The  convention  adjourned. 


THURSDAY,  JULY  29,  1847. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev    Mr.  Crist. 

The  journal  of  yesterday  was  read. 

On  motion  of  Mr.  Marshall  of  Coles, 

Leave  of  absence  was  granted  to  Mr.  Trower  for  ten  days,  in  conse- 
quence of  sickness. 

On  motion  of  Mr.  Williams, 

Leave  of  absence  was  granted  to  Messrs.  Powers  and  Laughlin  for  ten, 
days. 

On  motion  of  Mr.  Davis  of  McLean, 

A  call  of  the  convention  was  ordered. 

The  call  having  been  proceeded  in  for  some  time,  and  a  quorum  being; 
present, 

On  motion  of  Mr.  Z.  Casey, 

Further  proceedings  under  the  call  were  dispensed  with. 

According  to  order,  the  convention  resolved  itself  into  a  committee  ol 
the  whole,  again  to  consider  the  report  of  the  committee  on  Elections  and 
the  Right  of  Suffrage — Mr.  Harvey  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday,  was  01 
the  modified  amendment  off-red  by  Mr.  Roman,  as  further  modified  bj 
the  proviso  offered  by  Mr,  Whiteside. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Mason  moved  to  amend  the  first  section  by  inserting  after  the  woi 
"constitution,"  in  the  fourth  line,  the  words  "and  who  shall  have  voted, 
tinder  the  laws  of  this  state,  at  any  election  in  this  state,  and  who  shall 
have  declared  his  intention  to  become  a  citizen  of  the  United  States,  am 
taken  an  oath  of  allegiance  to  the  state,  and  to  the  United  States." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Dawson  moved  to  amend  the  same  section  by  striking  out  all  aftei 
the  word  "reside,"  in  the  fifth  Une,  and  insert  in  lieu  thereof  the  words: 

"Having  resided  in  such  county  or  district  at  least  three  months  previ- 
ous to  such  election,  and  shall  have  paid  a  state  or  county  tax." 

The  question  was   taken,  and  the  amendment  rejected. 

Mr.  Bosbyshell  moved  to  amend  the  same  section  by  striking  out  th< 
words  "one  year,"  in  the  sixth  line,  and  by  inserting  in  lieu  thereof  the 
words  "  six  months." 

Mr.  McCallen  called  for  a  division,  so  as  to  vote  first  on  striking  out, 


July  29.]          JOURNAL  OF  THE  CONVENTION.  203 

The  question  was  tnken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Mason  moved  to  amend  the  same  section  by  striking  out  the  words 
"district  or  county,"  in  the  fifth  line,  and  by  inserting  in  lieu  thereof  the 
words  "  precinct  or  ward." 

A  division  of  the  question  being  called  for, 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Knox  moved  to  amend  the  same  section  by  inserting  after  the  word 
"constitution,"  in  the  fourth  line,  the  words  u  and  shall  have  declared  his 
intention  to  become  a  citizen." 

Mr.  Ballingall  moved  to  amend  the  second  section  by  adding  the  follow- 
ing proviso: 

"  Provided,  the  legislature  may  at  any  time  change  the  mode  of  voting 
to  that  of  viva  voce." 

Mr.  Whiteside  moved  to  strike  out  the  second  section. 

The  question  was  taken  on  the  amendment  proposed  by  Mr.  Ballingall, 
and  the  amendment  rejected. 

The  question  was  taken  on  striking  out  the  second  section,  and  decided 
in  the  negative. 

Mr.  Jenkins  moved  to  amend  the  second  section  by  adding  thereto  the 
words: 

41  And  to  secure  the  free  suffrage  of  the  people  of  the  state,  by  prohib- 
iting, under  adequate  penalties,  all  undue  influence  thereon  from  power, 
bribery,  tumult,  threats,  crowding  the  polls  at  elections,  so  as  to  prevent 
electors  voting,  or  other  improper  practices." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  West  moved  to  amend  the  8th  section  by  striking  out  the  word 
'*  November,"  and  by  inserting  in  lieu  thereof  the  word  "September."' 

Mr.  Constable  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 
On  motion  ofJNlr.  Z.Casey, 

The  committee  rose,  reported  back  the  article  without  amendment, 
and  asked  the  concurrence  of  the  convention  therein. 

Mr.  Scates  moved  to  lay  the  article,  as  reported,  on  the  table. 

And  the  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Armstrong, 

The  first  section  of  the  report  was  taken  up  for  consideration. 

Mr.  Armstrong  moved  to  amend  the  rirst  section  by  inserting  after  the 
word  "  constitution,"  the  words  following: 

"  And  all  free  white  male  inhabitants  of  thex  age  aforesaid,  not  being 
citizens  of  the  United  States,  who  shall  have  resided  in  this  state  two  years, 
and  shall  have  declared  their  intention  to  become  citizens  of  the  United 
States,  by  a  declaration  of  that  intention,  in  conformity  with  the  laws  of  the 
United  States;  Provided,  whenever  congress  shall  dispense  with  a  declara- 
tion of  intention  as  a  requisite  to  naturalization,  the  declaration  of  intention 
required  above  shall  be  made  and  filed  in  the  office  of  the  clerk  of  any  court 
of  record  in  this  state;  And  provided,  further,  that  if  such  inhabitant  shall 
:j  not  perfect  citizenship  according  to  the  laws  of  the  United  States,  at  the 
<;•  earliest  practicable  period  after  declaration  of  intention,  then  the  elective 
franchise  shall  cease  until  citizenship  shall  have  been  perfected." 

Mr.  rvitchell  mo? ed  to  postpone  the  further  consideration  of  the  first 
section. 


201 


JOURNAL  OF  THE  CONVENTION. 


[July  29. 


The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Bo.sbyshell  moved  to  adjourn  until  three  o'clock,  p.  M. 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Scates, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in,  and  146  members  having  answered  to  their 
names, 

On  motion  of  Mr.  Constable, 

Further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Roman  moved  to  amend  the  amendment  by  striking  out  the  word 
41  two,"  and  by  inserting  in  lieu  thereof  the  word  "  one." 

A  division  having  been  called  for. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Hayes  moved  to  amend  the  amendment  by  inserting  the  word 
"other"  after  the  word  «"  all,"  in  the  first  line,  and  further  to  amend  by 
striking  out  the  words  "not  being  citizens  of  the  United  States;"  which 
was  accepted  by  Mr.  Armstrong  as  a  modification, 

Mr.  Scates  moved  to  amend  the  section  by  striking  out  the  words  "shall 
have  the  right  of  voting  as  aforesaid,"  and  to  amend  the  amendment  as 
modified,  by  inserting  the  same  words  before  the  first  proviso;  which  was 
also  accepted  by  Mr.  Armstrong  as  a  further  modification  of  the  amend- 
ment. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment,  as  modified, 


And  decided  in  the  negative, 


(Yeas, 
(Nays, 


66 

78 


Those  voting  in  the  affirmative,  are, 


Mr.  Allen                                  Mr. 

Cloud 

Mr.  Lasater 

Anderson 

Churchill 

Lin  ley 

Archer 

Davis  of  Massac 

Me  Glare 

Armstrong 

Dement 

Manly 

Atherton 

Dui.lap 

Markley 

Blair 

Far  well 

Motfett 

Bhikely 

Gn»en  of  Clay 

Morris 

Ballin^all 

Grew 

Nichols 

Brockinan 

Hatch 

Oliver 

Bosbyshell 

Hayes 

Pace 

Brown 

Heacock 

Bobbin* 

Bunsen 

Henderson 

Roman 

Butler 

Hill 

Rountree 

Cr.iin 

Hoes 

Scates 

Cal  dwell 

Hogue 

Stadden 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 

Htmsaker 
James 
Jenkins 

Sherman 
Smith  of  Gallatin 
Thompson 

F.  S.  Casey 

Jones 

Tult 

Z.  Casey 

Kreider 

"Vernor 

Colby 

Kinney  of  St.  Clair 

Witt 

Cross  of  Woodford 

Kitchell 

Whiteside. 

July  29.]  JOURNAL  OF  THE  CONVENTION, 

Those  voting  in  the  negative,  are, 


205 


Mr.  Adams 
Canady 
Choate 
Constable 

Cross  of  Winncbago 
Church 
Dale 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitz 
Duinmer 
Dunn 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Evey 
Frick 
Graham 
Geddes 

Green  of  Jo  Daviess 
Green  of  Tazewell 
Grimshaw 
Harding 
Harper 


Mr.  Harvev 
Hay  " 
Holmes 
Hurl  but 
Jackson 
Judd 

Knapp  of  Jersey 
Knapp  ol  Scott 
Kenner 

Kinney  of  Bureau 
Knowlton 
Knox 
Lander 
Lemon 
Lock  wood 
Logan 
Me  Call  en 
Marshall  of  Coles 
Marshall  ot  Mason 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Northcott 
Palmer  of  Marshall 


Mr.  Pratt 
Peters 
Pinckney 
Rives 
Robinson 
Sharpe 
Swan 
Spencer 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Macon 
Thomas 
Thortiton 
Turnbull 
Turner 
Tuttle 
Vance 
"Webber 
West 
William* 
Whitney 
Woodson 
Worcester. 


Mr.  Bosbyslieli  moved  to  amend  the  first  section  by  striking  out  the 
words  "shall  have  the  right  of  voting  as  aforesaid,"  and  by  inserting  after 
the  word  "constitution,"  in  the  fourth  line,  the  words  following: 

44  And  all  other  free  white  male  inhabitants  of  the  age  aforesaid',  who 
shall  have  resided  in  this  state  three  years,  arid  shall  have  declared  their 
intention  to  become  citizens  of  the  United  States,  by  a  declaration  of  that 
intention  in  conformity  with  the  laws  of  the  United  States,  shall  have 
the  right  of  voting  as  aforesaid;  Provided,  whenever  congress  shall  dis- 
pense with  a  declaration  of  intention  as  a  requisite  to  naturalization,  the 
declaration  of  intention  above  shall  be  made  and  filed  in  the  office  of  the 
.clerk  of  any  court  of  record  in  this  state;  And  provided*  further,  that  if 
such  inhabitant  shall  not  perfect  citizenship  according  to  the  laws  of  the 
United  Stales,  at  the  earliest  practicable  perud  after  declaration  of  inten- 
tion, then  the  elective  franchise  shall  cease,  until  citizenship  shall  have 
been  perfected." 

On  motion  of  Mr.  Constable, 

The  previous  question  was  ordered. 

The  question  was  taken,  by  jcas  and  nays,  on  the  adoption  of  the 
amendment, 


And  decided  in  the  negative, 
Those  voting  in  the  affirmative,  are, 


Mr.  Allen 
Anderson 
Archer 
Armstrong 


Mr.  Athertou 
Blair 
Blakely 
Ballingalt 


Mr.  Brockman 
Bosbyshell 
Brown 
Bunsev 


C7 
76 


206 


JOURNAL  OF  THE  CONVENTION.  [July  29. 


Mr.  Butler 
Crain 
Caldwell 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 

Cross  of  Woodford 
Cloud 
Ch.irchill 
Dale 

Davis  of  Massac 
Dement 
Duulap 
Farwell 
Green  of  Clay 
Gregg 


Mr. 


Haich 

Hayes 

Heacock 

Henderson 

Hill 

Hoes 

Hogue 

Hunsaker 

James 

Jenkins 

Jones 

Kreider 

Kiuney  of  St.  Clair 

KitcheU 

Lasater 

Linley 

McClure 

Manly 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Canady 
Choate 
Constable 

Cross  of  Winnebago 
Church 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitz 
Dummer 
Dunn 
Dunsmoie 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Evey 
Frick 
Graham 
Geddes 

Green  of  Jo  Daviess 
Green  of  Tazewell 
Grimshaw 
Harding 
Harper 
Harvey 


Mr.  Hay 
Holmes 
Hurl  but 
Jackson 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Knowlton 
Kriox 
Lander 
Lemon 
Lockwood 
Logan 
McCallen 
Marshall  ot  Coles 
Marshall  of  Mason 
itfason 
Matheny 
Mieure 
Miller 
Mi. .shall 
Northcott 
Palmer  of  Marshall 


Mr.  Markley 
Moffett 
Morris 
.Nichols 
Oliver 
Pace 
Robbins 
Roman 
Rountree 
Scales 
Stadden 
Sherman 

Smith  of  Gallatin 
Thompson 
lutt 
Vernor 
Witt 
Whiteside. 


Mr.  Pratt 
Pinckney 
Rives 
Robinson 
Sharpe 
Swan 
Spencer 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Macon 
Tnomas 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams 
Whitney 
Woodsou 
Worcester. 


The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  first 
section, 


And  decided  in  the  affirmative, 

'  (Nays, 

Those  voting  in  the  affirmative,  are, 


8i 
60 


Mr.  Adams 
Brown 
Canady 
Choate 
Constable 
Cross  of  Winnebago 


Mr.  Church 

Davis  of  Montgomery 

Davis  of  McLean 

Dawson 

Deitz 

Duutner 


Mr.  Dunn 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Evey 


July  -29.]  JOURNAL  OF  THE  CONVENTION. 


207 


Mr.  Frick 
Graham 
Geddes 

Green  of  Jo  Daviess 
Green  of  Tazewell 
Grimshaw 
Harding 
Harper 
Hay 
Hogue 
Holmes 
Hurlbut 
Jackson 
Jones 
JuddJ 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knowlton 


Mr.  Knox 
Lander 
Lemon 
Lockwood 
Logan 
McCallen 
Marshall  of  Coles 
Marshall  of  Mason 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Northcott 

Palmer  of  Marshall 
Pratt 
Pinckney 
Rives 
Robinson 
Rountree 
Sharpe 


Those  voting  in  the  negative,  arc, 


Mr.  Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Ballingall 
Brockman 
Bosbyshell 
Bunsen 
Butler 
Grain 

Campbell  of  Jo  Daviess 
Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 
Cross  of  Woodford 


Mr. 


Cloud 

Churchill 

Dale 

Dement 

Dunlap 

Farwell 

Green  of  Clay 

Gregg 

Harvey 

Hatch 

Hayes 

Heacock 

Henderson 

Hill 

Hoes 

Hunsaker 

James 

Jenkins 

Kreider 

Kinney  of  St.  Clair 


Mr.  Swan 
Spencer 
Servant 
Sibley 
Sim 

Simpson 
S'ngleton 
Smith  of  Macon 
Thomas 
Thornton       , 
Turnbull 
Turner 
luttle 
Vance 
Webber 
West 
Williami 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Lasater 
Linley 
McClure 
Manly 
Mark  ley 
M  offett 
Morris 
Nichols 
Oliver 
Pace 
Robbing 
Roman 
Scates 
Stadden 
Sherman 

Smith  of  Gallatin 
Thompson 
Tutt 
Vernor 
Whiteside. 


Mr.  Constable  moved  the  previous  question  on  the  adoption  of  the  se- 
cond section. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Robbins  moved  to  amend  the  second  section  by  striking  out  the 
two  last  words,  and  by  inserting  in  lieu  thereof,  the  words  "  viva  voce  un- 
til otherwise  directed  by  the  legislature." 

Mr.  Pratt  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Dement  moved  to  amend  the  same  section  by  adding  thereto  the 
words  "  until  otherwise  provided  by  law." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,  by  yeas  and  nnys,  on  the  adoption  of  the  se- 
cond section, 


203  JOURNAL  OF  THE  CONVENTION.          [July  29. 

\Ye'i^  9C 

And  decided   in  the   affiimativc,     <  V7 

|i.\U>S.  .  .  . 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Blakely 
Bosbyshell 
Butler 
Canady 

Campbell  of  Jo  Daviess 
Carter 
Choate 
Constable 

Cross  of  Winnebago 
Cloud 
Church 
Churchill 
Dale 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitz 
Dement 
Dummer 
Dunlap 
Dunsmore 

Edwards  of  Madison 
Frick 
Geddes 

Green  of  Clay 
Green  of  Jo  Daviess 
Green  of  Tazewell 
Grimshaw 
Harding 
Harper 


Mr.  Harvey 
Hatch 
Hay 

Heacock 
Henderson 
Hiil 
Hogue 
Holmed 
Hurl  but 
Jackson 
Jones 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kreider 

Kinney  of  Bureau 
KitcheH 
Knowlton 
Knox 
Lander 
Lemon 
Lin ley 
Lock  wood 
McCallen 
McClure 
Manly 
Mark  ley 

Marshall  of  Coles 
Mason 
Matheny 
Mieure 
Minshall 


Those  voting  in  the  negative,  are. 


Mr.  Allen 


Mr.  Dunn 


Archer 

Atherton 

Blair 

Ballingall 

Brockman 

Bunsen 

Grain 

Caldwell 

Campbell  of  McDonough 

F.  S.  Casey 

Z.  Casey 

Colby 

Cross  of  Woodford 


Edwards  of  Sangamon 

Eccles 

Evey 

Graham 

Hayes 

Hunsaker 

James 

Jenkins 


Kinney  of  St.  Clair 
Lasatef 

Logan 

Marshall  of  Mason 


Mr.  Moffett 
Morris 
Nicbotf 

Palmer  of  Marshall 

Pratt 

Pinckney 

Rives 

Robinson 

Roman 

Rountree 

Sharpe 

Stadden 

Swan 

Spencer 

Sherman 

Servant 

Sib  ley 

Simpson 

Singleton 

Smith  of  Macon 

Thomas 

Thompson 

Turnbull 

Turner 

Tuttle 

Vance 

West 

Williams 

Witt 

Whitney 

Woodson 

Worcester. 


Mr.  Miller 

Northcott 
Olivet- 
Pace 
Rohbins 
Scates 
Sim 

Smith  of  Gallatin 
Thornton 
Tutt 
Vernor 
Webber 
Whiteside. 


On  motion  of  Mr.  Scates, 

The  question  wa*  taken  upon  the  adoption  of  all  the  remaining  sections 
of  the  report,  except  the  8th  section,  and  decided  in  the  affirmative. 

Mr.  Aciams  moved  to  amend  the  eighth  section  by  inserting  after  the 
word  "on,"  the  words  "  the  Tuesdav  next  after." 


July  29.]  JOURNAL  OF  THE  CONVENTION.  209 

Mr.  Markley  moved  to  adjourn  until  three  o'clock,  p.  M. 
The  question  was  taken,  and  decided  in  the  negative. 

On  motion, 
The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  assembled  pursuant  to  adjournment. 

The  question   pending  when  the  convention    adjourned   was  on  the 
amendment  proposed  by  Mr.  Adams  to  the  8th  section. 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Harvey  moved  to  amend  the  same  section  by  striking  out  the  word 
*4  biennially.*' 

Mr.  Campbell  of  McDonough  moved  a  call  of  the  convention. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken  on  the  amendment  offered  by  Mr.  Harvey,  and 
decided  in  the  negative. 

Mr.  Thomas  moved  to  amend  the  same  section  by  adding  thereto  the 
allowing: 

"  Until  otherwise  provided  by  law." 
On  motion  of  Mr.  Armstrong, 

A  call  of  the  convention  was  ordered. 

One  hundred  and  ten  members  iiaving  answered  to  their  names, 
On  motion  of  Mr.  Thomas, 

Further  proceedings  under  the  call  were  dispensed  with. 

Mr.  Armstrong  called  for  the  yeas  and  nays  on  the  amendment,  when 

Mr.  Thomas  withdrew  the  amendment,  and 

Mr.  Hayes  renewed  the  same  amendment. 

Mr.  Adams  moved  To  amend  the  amendment  by  substituting-  therefor  at 
he  end  of  the  section,  the  words  "except  such  elections  as  shall  be  spc- 
•hlly  provided  for  in  this  constitution." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  was  taken,  by  yeas  and  nays,  on  the  amendment, 


And  decided  in  the  affirmative,  $^ea8'  ' 

'  {Nays,  ....            50 

Those  voting  in  the  affirmative,  are, 

Mr.  Allen                                  Mr.  Churchill  Mr.  Green  of  Jo  Daviess 

Archer                                       Dale  Green  of  Tazewell 

Atherton                                    Davis  of  Montgomery  Gregg 

B'air                                            Dummer  Grimshaw 

Bunsen                                        Dunlap  Harding 

Crain                                         Dunn  Harper 

Canady                                      Dunsmore  Hay 

F.  S.  Casey                               Eccles  Hayes 

Z.  Casey                                   Pdmonson  Hunsaker 

Cross  of  Winnebago                 Frick  Jackson 

Cloud                                          Graham  James 

Church                                     Green  of  Clay  Jenkins 
14 


210 


JOURNAL  OF  THE  CONVENTION. 


[July 


Mr.  Jones 
Judd 

Knapp  of  Jersey 
Kreider 
Kennei 
Kitchell 
Knowlton 
Lander 
Lasater 
Lemon 
Linley 
Manly 


Mr.  Markley 

Marshall  of  Mason 

North  cott 

Pace 

Palmer  of  Marshall 

Pratt 

Rives 

Robbins 

Roman 

Servant 

Sibley 

Simpson 


Mr.  Singleton 

Smith  of  Gallatisj 

Thomas 

Thornton 

Turnbull 

Tutt 

Tuttle 

Webber 

West 

Witt 

Whiteside 

Worcester. 


Those  who  voted  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Blakely 
Brocktnan 
Butler 

Campbell  of  McDonough 
Carter 
Cboat* 
Colby 

Cross  of  Woodford 
Dawson 

Edwards  of  Sangamon 
Geddes 


Mr.  Harvey 
Hatch 
Heacock 
Hill 
Hogue 
Holmes 
McCallen 
McClure 

Marshall  of  Coles 
Mason 
Matheny 
Mieure 
Miller 
Motfett 


Mr.  Nichols 
Oliver 
Pinckney 
Robinson 
Sharpe 
Stadden 
Swan 
Sim 

Smith  of  Macoa 
Turner 
Vance 
Vernor 
Whitney 
Woodson. 


On  motion  of  Mr.  Wgodson, 

The  article  as  adopted  was  referred  to  the  committee  on  the  Revisio 
and  Adjustment  of  the  Articles  of  the  Constitution. 
On  motion  of  Mr.  Thomas, 

The  report  of  the  committee  on  the  Militia  and  Military  Affairs  was 
taken  from  the  table,  and  referred  to  a  committee  of  the  whole  conven 
tion. 

On  motion  of  Mr.  Thomas, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  to  con 
sider   the  report  of  the  committee  on   the  Militia  and  Military  Affairs — 
Mr,  Thomas  in  the  chair;  (that  report  being  the  5th  article  in  the  const 
tution.) 

Mr.   McCallen  moved   to   amend   the  amendment  by  strikiRg  out  th 
words  "  officers  of,''  and  by  inserting  in  lieu  thereof  the  words  *  person! 
composing." 

Mr.  Campbell  of  McDonough  moved  to  amend  the  amendment  by  in- 
serting after  the  word  '•  persons,"  the  words  "except  foreigners.*' 

The  question  was  taken  on  the  amendment  to  the  amendment,  and  de- 
cided in  the  negative. 

Mr.  Whiteside  called  for  a  division,  so  as  to  vote  n'ist  on  striking  out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Knapp  of  Jersey  movr-d  to  amend  the  fifth  section  by  striking  ou 
all  after  the  word  •*  commissions,"  and  by  inserting  in  lieu  thereof  the 
words  "  for  such  time  as  the  legislature  may  provide." 

Mr.  Renner  moved  to  amend  the  amendment  by  substituting  therefor 


JOURNAL  OF  THE  CONVENTION. 

he  words  ufor  ten  years,  and  until  their  successors  are  elected  and  qual- 
fied." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  wag  taken  on  the  amendment  offered  by  Mr.  Knapp  of 
ersey,  and  decided  in  the  affirmative. 

Mr.  McCallen  moved  to  add  the  following  as  an  additional  section: 

"  SEC.  7.     All  persons  who  shall  enroll  themselves  into  volunteer  com-_ 
anies,  uniform,  equip  and  hold  themselves  in  readiness  for  service,  shall 
e  exempt  from  serving  on  juries,  and  paying  a  capitation  tax  for  road 
urposes." 

Mr.  Campbell  of  McDonough  moved  to  amend  the  proposed  section  by 
nserting  after  the  word  **  persons,"  in  the  first  line,  the  words  "  except 
breigners." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Kitchell  moved  to  amend  the  proposed  section  by  striking  out  the 
rords  "  serving  on  juries  and." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Campbell  of  McDonough  moved  to  amend  the  proposed  section  by 
finking  out  all  after  the  word  "  juries." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  proposed  section,  and 
lecided  in  the  negative. 

On  motion  of  Mr.  Hayes, 

The  committee  rose,  reported  back  the  report  to  the  convention,  as 
amended,  and  recommended  the  adoption  of  the  reported  article,  as  amen- 
ded. 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole 
n  the  report,  and  decided  in  the  affirmative. 

Mr.  Harding  moved  the  following  as  an  additional  section: 

*<  SEC.  7.  All  persons  subject  to  military  duty  shall  be  exempt  there- 
rom  in  time  of  peace,  only  in  case  of  invasion,  upon  paying  the  sum  of 
ifty  cents  per  year,  for  use  of  volunteer  companies,  to  be  disbursed  ac- 
:ording  to  law." 

Mr.  Edwards  of  Sangamon  moved  to  amend  the  proposed  section  by 
triking  out  all  after  the  word  "year,"  and  by  inserting  in  lieu  thereof  the 
bllowing: 

«4To  be  paid  into  the  state  treasury  and  applied  to  the  payment  of  the 
public  debt." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  additional  section  as 
>roposed  by  Mr.  Harding,  and  decided  in  the  negative. 

The  question  was  taken  on  the  adoption  of  the  article,  as  amended,  and 
decided  in  the  affirmative. 

On  motion  of  Mr.  Thomas, 

The  article  was  referred  to  the  committee  on  the  Revision  and  Adjust- 
ment of  the  Articles  of  the  Amended  Constitution. 
On  motion, 

The  convention  adjourned  to  to-morrow  morning. 


JOURNAL  OF  THE  CONVENTION.  [July  30. 


FRIDAY,  JULY  30,  1847. 

The  convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 

Mr.  Marshall  of  Mason  presented  the  petition  of  William  Atwater 
and  twenty-four  others,  citizens  of  Mason  county,  praying  that  provision 
may  be  made  in  the  new  constitution  for  the  office  of  superintendent  of 
public  instruction,  with  a  liberal  salary;  which,  without  reading,  was,  on 
his  motion,  referred  to  the  committee  on  Education. 
On  motion  of  Mr.  Turnbull, 

Leave  of  absence  was  granted  to  Mr.  Frick  for  eight  days. 

Mr.  Sherman  moved  to  take  the  report  of  the  committee  on  Incorpor- 
ations from  the  table. 

The  question  was  taken,  and  decided  in  the  negative, 
On  motion  of  Mr.  Z.  Casey, 

The  convention  resolved  itself  into  a  committee  of  the  whole,  to  consid- 
er the  report  of  the  committee  on  Revenue — Mr.  Edwards  of  Sangamor 
in  the  chair. 

Mr.  Archer  moved  to  strike  out  the  word  "shall,*'    in   the   first   line  o 

the  first  section,  and  to  insert  in   lieu   thereof  the   word  "may,"  and   to 

strike  out  all  after  the  word   "each,"   and   to  insert   in  lieu  thereof,  the 

words  "when  the  legislature  may  deem  it  ntcessary." 

On  motion  ot  Mr.  Markley, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again 
which  was  granted. 
On  motion, 

The  convention  adjourned  until  three  o'clock,  p.  M, 


THREE  O'CLOCK,  p.  M. 


The  convention  met  pursuant  to  adjournment. 

The  question  pending  when  the  committee  rose  this  morning  was  on 
the  amendment  offered  by  Mr.  Archer  to  the  first  section. 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Woodson  moved  to  strike  out  the  first  sectien,  and  to  insert  in  lieu 
thereof  the  following: 

<»The  legislature  shall  cause  to  be  collected  from  all  free  white  male 
inhabitants  of  this  state  over  the  age  of  twenty-one  years,  and  under  thi 
age  of  fifty  years,  a  capitation  tax  of  not  less  than  fifty  cents,  nor  more 
than  one  dollar  each,  until  the  payment  of  the  state  debt,  to  be  paid  into 
the  state  treasury,  and  applied  as  the  legislature  may  direct;  Provided 
when  the  poll  tax  herein  provided  for  shall  be  fixed  at  one  dollar,  no 
person  paying  said  tax  shall  be  required  to  perform  more  than  one  day's 
labor  on  the  public  roads  during  the  year,  but  when  said  tax  shall  be  fixe( 
at  less  than/>ne  dollar,  two  davs'  labor  may  be  required. 


My  30.]    JOURNAL  OF  THE  CONVENTION.        213 

"SEC.  2.  The  foregoing  section  shall  be  submitted  separately  to  the 
people  at  the  same  time  that  the  constitution  shall  be  submitted  to  them 
i'or  their  ratification  or  rejection,  and  if  a  majority  of  the  votes  polled  at 
such  election  shall  be  in  favor  of  such  tax,  then  the  same  shall  be  a  part 
of  the  constitution  of  the  state;  but  if  a  majority  of  the  votes  shall  be  cast 
against  said  section,  then  the  same  shall  not  be  a  part  of  the  constitution, 
but  the  legislature  may,  notwithstanding,  when  they  shall  deem  it  advisable^ 
levy  such  tax  as  is  provided  in  said  first  section." 

Mr.  Scates  moved  to  amend  the  substitute  by  striking  out  all  after  the 
words  "may  direct,"  and  by  inserting  in  lieu  thereof  the  words  following: 

"Provided,  that  whenever  a  capitation  tax  is  assessed  as  provided  in 
this  section,  there  shall  also  be  assessed  and  collected  an  additional  capi- 
tation tax  of amount  on  every  $100,  on  the  following  property,  viz: 

"On  the  excess  in  value  above  $  1000  of  all  dwelling,  commercial,  and 
manufacturing  houses  and  appurtenances; 

"On  the  excess  in  value  above  $100,  of  all  household  and  kitchen  furni- 
ture, and 

"On  ail  jewels,  trinkets,  ornaments,  time  pieces,  and  pleasure  carriages." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Geddes  moved  to  amend  the  substitute  by  adding  at  the  end  of  the 
first  section  the  following: 

"And  all  persons  not  otherwise  taxed,  by  neglecting  or  refusing  to  pay 
said  tax  shall  be  denied  the  right  of  voting." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Woodson  modified  the  first  section  of  the  substitute  by  striking  out 
Ihe  proviso. 

Mr.  Churchill  moved  to  amend  the  second  section  of  the  substitute  by 
striking  out  all  alter  the  third  word  "constitution,"  and  to  insert  in  lieu 
thereof  the  words  "if  the  majority  of  the  votes  given  at  such  election 
shall  be  against  a  capitation  tax,  the  legislature  shall  have  no  power  to 
levy  such  tax,  without  submitting  the  law  to  a  vote  of  the  people." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Dawson  moved  to  strike  out  the  word  ''fifty,"  in  the  first  section  of 
the  substitute. 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Kinney  of  Bureau  moved  to  fill  the  blank  with  the  words  "sixty- 
five." 

Mr.  Thompson  moved  the  word  "seventy." 

The  question  was  taken  on  inserting  the  word  "seventy,"  and  decided 
in  the  affirmative. 

Mr.  Farwell  moved  to  amend  the  first  section  of  the  substitute,  by  stri- 
king out  the  word  "white." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Stadden  moved  to  amend  the  first  section  of  the  substitute  by  strik- 
ing out  the  word  "inhabitant,"  and  by  inserting  in  lieu  thereof  the  word 
"voter." 

Mr.  McCallen  called  for  a  division,  so  as  to  vote  first  on  striking  out 

The  question  was  taken,  and  decided  in  the  affirmative. 

The  question  was  taken  on  inserting  the  word  "voter,"  and  decided  in 
the  affirmative. 


214  JOURNAL  OP  THE  CONVENTION*  \July  30. 

Mr.  Hogue  called  for  a  division,  so  as  to  vote  first  on  striking  out  the 
section. 

The  question  was  taken,  and  the  committee  refused  to  strike  out  the 
first  section. 

Mr.  Smith  of  Macon  moved  to  amend  the  first  section  by  striking  out 
the  word  "sixty,"  and  by  inserting  in  lieu  thereof  the  word" "fifty*" 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Thomas  moved  to  strike  out  the  first  section  and  insert  in  lieu 
thereof  the  following: 

"For  the  purpose  of  defraying  the  charges  and  expenses  incident  to  the 
existence  and  administration  of  government,  the  government  of  and  pro- 
perty within  the  state,  shall  be  assessed  and  taxed  by  uniform  and  equal 
rates.  Property  shall  be  taxed  according  to  its  value,  to  be  ascertained 
in  the  manner  herein  prescribed.  The  objects  of  taxation  shall  be  lands, 
tenements,  and  hereditaments;  capital  invested  in  corporations  or  associa- 
tions; franchises,  stock  in  trade,  money  deposited  or  loaned  at  interest, 
personal  property  of  every  description,  auctioneers,  brokers,  pedlers,  re- 
tailers of  spirituous  or  other  liquors,  commission  merchants,  and  male  in- 
habitants over  twenty  one  and  not  exceeding  sixty  years  of  age." 

Mr.  Butler  moved  to  amend  the  substitute  by  substituting  therefor  the 
following: 

"The  legislature  shall  have  power  to  authorize  each  county  in  this  state 
to  causo  to  be  collected  from  all  free  white  male  inhabitants  of  such 
county,  a  capitation  tax,  not  to  exceed  one  dollar,  to  be  applied  in  such 
manner,  and  for  such  purposes,  as  the  county  in  which  the  same  may  be 
collected  shall  direct." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Anderson  moved  to  amend  the  substitute,  by  substituting  therefor 
the  folio  wing: 

"The  legislature  may  cause  to  be  collected  from  all  free  white  male  per- 
sons of  this  state,  entitled  to  the  right  of  suffrage,  over  the  age  of  twenty- 
one  years,  and  under  the  age  of  sixty  years,  a  capitation  tax  of  not  less 
than  fifty  cents  nor  more  than  one  dollar  each,  whenever  the  legislature 
may  deem  it  expedient,  to  be  exclusively  applied  to  the  payment  of  the 
state  debt." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Thomas  modified  the  substitute  by  striking  out  the  word  "mer- 
chants." 

On  motion  of  Mr.  Hay, 

The  first  section  was  amended  by  inserting  between  the  words  uall" 
and  "free,"  the  words  "able-bodied." 

Mr.  Roman  moved  to  amend  the  first  section  by  inserting  after  the 
words  "sixty  years,"  the  words  "are  entitled  to  the  right  of  suffrage." 

Mr.  Thomas  withdrew  the  proposed  substitute  for  the  first  section. 

The  question  was  taken  on  the  amendment  proposed  by  Mr.  Roman, 
and  decided  in  the  affirmative. 

Mr.  Vance  moved  to  amend  the  first  section,  as  amended,  by  adding 
thereto  the  following: 

"Which  tax  shall  be  paid  into  the  county  treasury  of  the  county 
wherein  said  tax  shall  be  collected,  to  be  applied  to  county  purposes." 


30.]          JOURNAL  OP  THE  CONVENTION.  215 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Kenner  moved  lo  amend  the  same  section  by  striking  out  the 
words  "less  than  fifty  cents  nor.'*1 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Hurlbut  moved  to  amend  the  same  section  by  striking  out  the 
word  "free." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Deitz  moved  to  amend  the  section  by  inserting  after  the  word 
"persons,"  the  words  "or  persons," 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Brock  man  moved  to  amend  the  second  section  by  striking  out 
the  words  "or  appointed." 

The  question  was  taken,  and  the  amendment  rejected. 
On  motion  of  Mr.  Sherman, 

The  sanu  section  was  amended  by  inserting  the  word  "merchants,11* 
after  the  words  "hawkers." 

Mr.  Campbell  of  McDonough  moved  to  amend  the  same  section  by 
inserting  after  the  words  "commission  merchants,"  the  words  "doctors, 
lawyers,"  and  to  insert  after  the  words  "grocery  keepers,"  the  words 
"clerks  of  the  circuit  and  county  commissioners'  courts," 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Scates  moved  to  amend  the  same  section  by  striking  out  the  words 
"grocery  keepers,"  and  insert  in  lieu  thereof  the  words  "toll  bridges." 

The  question  was  taken,  and  decided  in  the  negatiue. 

Mr.  Northcott  moved  to  amend  the  same  section  by  inserting  after  the 
words  ''grocery  keepers,"  the  words  "toll  bridges." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Wead  moved  to  amend  the  same  section  by  striking  out  all  be- 
tween the  word  "ascertained"  and  the  words  "in  such  manner." 

The  question  was  -taken,  and  decided  in  the  negative. 

Mr.  Markley  moved  to  amend  the  same  section  by  striking  out  all  to 
the  word  "pedlcrs,"  and  by  inserting  in  lieu  thereof  the  words  "the  legis- 
lature shall  provide  for  levying  a  tax  by  valuation  upon  real  and  personal 
estate;  such  value  to  be  ascertained  by  some  person  to  be  elected  or  ap- 
pointed in  each  county  in  the  state,  in  such  manner  as  the  legislature  shall 
direct;  Provided,  the  legislature  may  fix  a  minimum  value  upon  real  estate, 
and  exempt  from  taxation  such  property  as  it  may  deem  proper;  And  pro- 
vided, further,  that  the  legislature  shall  have  power  to  tax." 

Mr.  Knox  moved  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative, 

Mr.  West  moved  to  amend  the  second  section,  by  inserting  after  the 
word  "property,"  in  the  second  line  the  words  "Provided,  that  no  land 
shall  be  valued  at  less  than  two  dollars  per  acre." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Scates  moved  to  amend  the  same  section  by  inserting  after  the 
word  "person,"  the  following:  "corporation  and  government." 

On  motion  oi   VI r.  Brockman, 

The  committee  rose,  reported  progress,  and  asked  leave  to  sit  again; 
which  was  granted. 
On  motion, 
The  convention  adjourned. 


316  JOURNAL  OF  THE  CONVENTION.         [July  30, 

SATURDAY,  JULY  31,  1847. 

' 

The  convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 

Leave  of  absence  was  granted  to  Mr,  Jackson  for  eight  days. 

Mr.  Grain,  from  the  committee  on  Miscellaneous  Subjects  and  Questions^ 
to  which  was  referred  various  resolutions  in  relation  to  the  re-organizing 
of  county  and  probate  courts,  made  the  following  report; 

ARTICLE  — . 

SECTION  1.  There  shall  be  in  each  county  in  this  state  a  county  court, 
to  consist  of  one  judge  and  two  associates,  who  shall  be  elected  by  the 
qualified  voters  of  the  county  on  the  same  day  fixed  for  the  election  of 
other  judicial  officers,  who  shall  hold  their  offices  four  years  and  until  their 
successors  are  elected  and  qualified. 

SEC.  2.  Said  courts  shall  be  a  substitute  for  the  present  county  com- 
missioners' courts  and  probate  courts  of  this  state,  and  shall  have  the 
same  jurisdiction  as  now  exercised  by  said  courts,  and  as  may  from  time 
to  time  be  provided  by  law. 

SEC.  3.  Said  courts  shall  have  jurisdiction  of  all  actions  of  debt  and  as- 
sumpsit  when  the  amount  in  controversy  does  not  exceed  three  hundred 
dollar?;  all  actions  of  trespass,  trover,  case  and  replevin,  when  ihc 
amount  in  controversy  does  not  exceed  one  hundred  dollars;  of  all  ques- 
tions of  forcible  detainer,  with  appellate  jurisdiction  from  justices  of  the 
peace,  and  such  other  jurisdiction  as  the  legislature  may  confer. 

SEC.  4.  There  shall  be  elected  at  the  s.'ime  time  and  in  the  same  man- 
ner, a  clerk  of  said  court,  who  shall  hold  his  office  four  years  and  until  his 
successor  is  qualified,  who  shall  do  such, duties  as  are  now  performed  by 
the  clerks  of  the  county  commissioners'  courts,  and  such  other  duties  as 
may  be  prescribed  by  law,  whose  compensation  shall  be  fees. 

SEC.  5.  The  legislature  shall  fix  a  fee-bill  for  the  several  officers  of  this 
state,  whose  compensation  shall  be  fees  for  services  rendered,  and  the 
several  county  courtsshall  have  power  to  reduce  the  rate  of  fees  accru- 
ing to  any  officer  in  the  county,  by  a  certain  percent.,  when  in  their  opin- 
ion such  fees  yield  more  than  adequate  pay  for  the  services  rendered. 

SEC.  6.  Pleadings  in  the  county  courts  shall  be  oral. 

SEC.  7.  Appeals  may  be  taken  from  the  county  to  the  circuit  courts, 
but  all  appeals  shall  be  tried  'de  noro.  And  if  either  party  shall  desire  to 
preserve  the  record  in  any  case  on  appeal,  a  declaration  shall  be  filed  in 
the  circuit  court,  as  though  the  case  was  an  original  one  in  that  court 

SEC.  8.  Whenever  it  shall  become  necessary  to  sell  real  estate  in  order 
to  carry  into  effect  a  judgment  of  the  county  court,  execution  shall  issue 
and  sale  be  effected  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  9.  Said  court  shall  hold  its  sessions  quarterly  for  the  trial  of  causes, 
the  transaction  of  county  business  and  ministerial  duties. 

SEC.  10.  The  president  judge  shall  act  as  a  court  of  probate  in  vaca- 
tion, with  power  to  reserve  questions  for  decision  until  the  quarterly  ses- 


July  31.]          JOURNAL  OP  THE  CONVENTION. 


217 


sions,  when  the  judgment  of  the  associates  is  desired  by  either  of  the 
parties. 

SEC.  11.  Suitors  in  the  county  courts  shall  have  the  right  of  trial  by  jury. 

SEC*  12.   The  president  judge  shall  be  paid  an  annual  salary  as  the  le- 
gislature may  direct,  to  exceed  in  no  case dollars,    and  to   range 

below  that  sum  according  to  the  amount  of  taxes  paid  in  the  county. 

SEC.  13.  The  associates  to  be  paid  two  dollars  per  day,  while  employed, 
out  of  the  county  treasury. 

SEC.  14.  No  person  shall  hold  two   or  more  lucrative  offices  at  the 
same  time. 

On  motion  of  Mr.  Armstrong, 

The  report  was  laid  on  the  table ,  and  two  hundred  and  fifty  copies  or- 
dered to  be  printed  for  the  use  of  the  convention. 
On  motion  of  Mr.  Smith  of  Macon, 

Leave  of  absence  was  granted  to  Mr.  Lemon  for  four  days. 

Mr.  Z.  Casey  moved  to  take  from  the  table   the  resolution  introduced 
by  him  some  days  since,  fixing  the  period  of  a  sine  die  adjournment. 
On  motion  of  Mr.  Shumway, 

A  call  of  the  convention  was  ordered. 

One  hundred  and  thirteen   members  having  answered  to  their  names, 
and  a  quorum  being  present, 

On  motion  of  Mr.  Shumway, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  was  then  taken,  by  yeas  and  nays,  on  suspending  the  rule 
and  taking  up  the  resolution,  and 


It  was  decided  in  the 

~>                 (Yeas. 

.     87 

affirmative,  <•**      J 

.     30 

Those  voting  in  the  affirmative,  are, 

Mr.  Allen 

Mr.  Farwell 

Mr.  Moffett 

Anderson 

Graham 

Morris 

Atherton 

Green  of  Clay 

Nichols 

Blair 

Green  of  Taze  well 

North  cott 

Blakely 

Grimshaw 

Oliver 

Bunsen 

Harper 

Pace 

Butler 

Hay 

Palmer  of  Marshall 

Crain 

Henderson 

Pinckney 

Canady 

Hill 

Robbins 

Caldwell 

Hogue 

Roman 

Campbell  of  McDonough 

Hunsaker 

Rountree 

Carter 

Hurlbut 

Scates 

F.  S.  Casey 

James 

Sharpe 

Z.  Casey 

Jenkins 

Stadden 

Choate 

Judd 

Swan 

Cross  of  Woodford 

Knapp  of  Jersey 

Spencer 

Cloud  ••' 

Knapp  of  Scott 

Sherman 

Churchill 

Kreider 

Sim 

Dale 

Kinney  of  St.  Clair 

Simpson 

Davis  of  Montgomery 

Kitchell 

Smith  of  Gallatin 

Davis  of  Massac 

Knox 

Smith  of  Macon 

Dement 

Lasater 

Shumway 

Dunlap 

Linley 

Vance    ' 

Dunn 

Lockwood 

Webber 

Dunsmore 

McClure 

West 

Edwards  of  Sangamon 

Manly 

Witt 

Eccles 

Marshall  of  Mason 

Whiteside 

Edmonson 

Mieure 

Whitney 

Evey 

Miller 

Woodson. 

JOURNAL  OF  THE  CONVENTION.  \July  3i. 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Green  of  Jo  Daviess          Mr.  Peters 

Armstrong  Hatch  Rives 

Bosbyshell  Heacock  Robinson 

Colby  Holmes  Sibley 

Cross  of  Winnebago  Knowlton  Thomas 

Church  Lander  Thompson 

Davis  of  McLean  McCallen  Turnbull 

Dawson  Markley  Turner 

Bummer  Marshall  of  Coles  Tuttle 

Geddes  Minshall  Wead. 

Mr.  Z.  Casey  modified  the  resolution  by  striking  out  the  words  "Friday. 
the  30th  instant,"  and  by  inserting  in  lieu  thereof  the  words  "the  20th 
of  August  next." 

Mr.  Adams  moved  to  amend  the  resolution,  as  modified,  by  striking  out 
the  words  "the  20th  of  August  next,"  and  by  inserting  in  lieu  thereof  the 
words  "the  first  of  September.'* 

A  division  being  called  for, 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Adams  moved  to  amend  the  resolution  by  striking  out  the  word 
"twentieth,"  and  inserting  in  lieu  thereof  the  word  "thirtieth." 

A  division  being  called  for, 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative. 

Mr.  Lockwood  moved  to  fill  the  blank  with  the  words  "twenty  -fifth." 

Mr.  Edwards  of  Madison  moved  to  lay  the  resolution  and  amendments 
on  the  table. 

The  question   was  taken,  by  yeas  and  nays, 

And  decided  in  the  negative,  j  ^a*' 


Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Graham                               Mr.  McCallen 

Armstrong  Geddes  Marshall  of  Coles 

Bosbyshell  Green  of  Jo  Daviess  Mason 

Colby  Gregg  Peters 

Church  Hatch  Turnbull, 

Davis  of  McLean  Heacock  Turner 

Dummer  Hogue  Wead 

Edwards  of  Madison  Knowlton  West. 

Edwards  of  Sangamon  Lander 

Those  voting  in  the  negative,  are, 

Mr.  Allen  Mr.  F.  S.  Casey                        Mr.  Dement 

Anderson  Z.  Casey  Dunlap 

Atherton  Choate  Dunn 

Blair  Cross  of  Winnebago  Dunsmore 

Blakely  Cross  of  Woodford  Eccles 

Brockman  Cloud  Edmonson 

Bunsen  Churchill  Evey 

Butler  Dale  Farwell 

Grain  Davis  of  Montgomery  Green  of  Clay 

Canady  Davis  of  Massac  Green  of  Tazewell 

Campbell  of  McDonough          Dawson  Grimshaw 

Carter  Deitz  Harper 


. 


uly  31J 


JOURNAL  OP  THE  CONVENTION. 


219 


Mr.  Harvey 
Hay 

Hendersoii 
Hill 
Holmed 
Hunsaker 
Hurlbut 
James 
Jenkins 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kreider 

Kinney  of  St.  Clair 
Kitchell 
Knox 
Lasater 
Linley 
Lockwood 
McClure 

Mr.  Ed  wards  of  Sartgamon  rose  to  a  point  of  order,  insisting  that  the 
rule  (providing  that  the  convention  should  resolve  itself  into  a  committee  of 
the  whole,  immediately  after  the  reception  of  reports  of  committees,)  had 
not  been  suspended,  according  to  the  provision  of  the    25th   rule;    two- 
thirds  of  the  members  elected  not  having  voted  for  the  suspension. 

The  president  decided  that  the  rule  hud  been  duly  suspended  by  a  vote 
of  two-thirds  of  a  quorum. 

From  which  decision    Mr.  Bosbyshell  appealed. 

The  question  being  taken,  by  yeas  and  nays — "Shall  the  decision  of  the 
chair  stand  as  the  judgment  of  the  convention?" 

It  was  decided   in  the  affiimative,  ]^VeaS> 


Mr.  Mark  ley 

Marshall  of  Mason 

Mieure 

Miller 

Minshall 

Motfett 

Morris 

Nichols 

Northcott 

Oliver 

Pace 

Palmer  of  Marshall 

Pinckney 

Rives 

Robbins 

Robinson 

Roman 

Rountree 

Scates 


Mr.  Sharpe 
Stadden 
Swan 
Spencer 
Sibley 
Sim 

Simpson 

Smith  of  Gallatin 
Smith  of  Macon 
Shumway 
Thomas 
Thompson 
Tuttle 
Vance 
Webber 
Witt 

Whiteside 
Whitney 
Woodson. 


Those  voting  in  the  affirmative,  are, 


Mr. 

Allen 

Mr.  Eccles 

Armstrong 

Edmonson 

Atherton 

Evey 

Blair 

Farwell 

Blakely 

Green  of  Clay 

Brockman 

Green  of  Jo  Daviess 

Bunsen 

Green  of  Tazewell 

Butler 

Gregg 

Grain 

Harper 

Canady 

Harvey 

Caldwell 

Hatch 

Campbell  of  McDonough 

Hay 

Carter 

Henderson 

F.  S.  Casey 
Z.  Casey 
Choate 

Hill 
Holmes 
Hunsaker 

Churchill 

Hurlbut 

Dale 

James 

Davis  of  Montgomery 
Davis  of  McLean 

Jenkins 
Judd 

Davis  of  Massac 
Dawson 

Knapp  of  Jersey 
Knapp  of  Scott 

Deitz 

Kreider 

Dement 

Kinney  of  St.  Clair 

Dunlap 

Kitchell 

Dunsmore 

Knox 

Mr.  Lander 
Lasater 
Linley 
Lockwood 
Logan 
McClure 
Manly 

Marshall  of  Coles 
Marshall  of  Mason 
Mieure 
Miller 
Minshall 
Aloffett 
Morris 
Nichols 
Northcott 
Oliver 
Pace 

Palmer  of  Marshall 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Sharpe 
Stadden 


2-20  JOURNAL  OF  THE  CONVENTION.          {July  31. 

Mr.  Swan  Mr.  Smith  of  Macon  Mr.  Webber 
Spencer                                       Shumway  Williams 

Sherman  Thomas  Witt 

Sibley  Thompson  Whitney 

Sim  luttle  Woodson. 

Smith  of  Gallatin 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Geddes  Mr.  Pinckney 

Anderson  Grimshavr  Rives 

Bosbyshell  Heacock  Simpson 

Cross  of  Winnebago  Hogue  Turnbull 

Church  Knowlton  Turner 

Dummer  McCallen  Vance 

Edwards  of  Madison  Markley  Wead 

Edwards  of  Sangamon  Mason  Whiteside. 

Graham  Peters 

Mr.  Dawson  moved  to  amend  the  resolution  by  adding  thereto  the  fol- 
lowing: 

"Provided,  no  member  hereafter  shall,  on  any  question,  either  in  com- 
mittee of  the  whole  or  in  convention,  be  allowed  to  speak  more  than  once 
on  any  one  question,  nor  for  a  longer  period  than  fifteen  minutes,  and  the 
president  of  the  convention,  or  chairman  of  the  committee  of  the  whole,  is 
hereby  required  to  rigidly  enforce  the  same." 
On  motion  of  Mr.  Z.  Casey, 

The  previous  question  was  ordered. 

The  question  was  taken  on  filling  the  blank  with  the  word  "thirtieth," 
and  decided  in  the  negative. 

The  question  was  taken  on  filling  the  blank  in  the  resolution  with  the 
words  "twenty-fifth,"  and  decided  in  the  affirmative. 

The  question  was  then  taken  en  agreeing  to  the  amendment  offered  by 
Mr.  Dawson,  and  decided  in  the  affirmative. 

The  question  recurred  on  the  adoption  of  the  resolution,  as  amended, 
and  decided  in  the  affirmative. 

According  to  order,  the  convention  resolved  itself  into  d  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  Revenue— r 
Mr.  Edwards  of  Sangamon  in  the  chair. 

The  question  pending  when  the  committee  rose  on  yesterday,  was  on 
the  amendment  offered  by  Mr.  Scates  to  the  second  section. 

Mr.  Scates  having  the  floor,  proceeded  in  his  argument,  when  the 
chairman  announced  that  his  fifteen  minutes  had  expired. 

Mr.  Witt  moved  to  suspend  the  rule  to  allow  Mr.  Scates  to  proceed. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Logan  called  for  a  division,  so  as  to  vote  first  on  inserting  the  word 
"corporation." 

The  question  was  taken,  and  the  word  "corporation"  inserted. 

The  question  was  then  taken  on  inserting  the  words  "and  government,*' 
and  decided  in  the  negative. 

Mr.  Logan  moved  to  amend  the  section  by  striking  out  the  words  "in 
each  county  in  the  state,"  in  the  second  line. 

The  question  was  taken,  and  decided  in  the  affirmative. 


July  31.]          JOURNAL  OP  THE  CONVENTION. 

Mr.  Markley  moved  to  amend  the  second  section  by  inserting  after 
the  word  "valuation,"  in  the  first  line,  the  words  "but  may  fix  a  mini- 
mum valuation  upon  real  estate." 

Mr.  Knapp  of  Jersey  moved  to  amend  the  amendment  by  substituting 
therefor  the  following: 

"But  no  lands  subject  to  taxation  shall  be  assessed  at  less  than  one  dol- 
lar and  twenty-five  cents  per  acre." 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Geddes, 

The  committee  rose,  reported  progress,  and  asked  leave  to   sit   again; 
which  was  granted. 
On  motion, 

The  convention  adjourned  to  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  met  pursuant  to  adjournment. 
On  motion  Mr.  Grain, 

Leave  of  absence  was  granted  to  Mr.  Vernor  for  ten  days. 
On  motion  of  Mr.  Markley, 

A  call  of  the  convention  was  ordered. 

The  call  having  been  proceeded  in  for  some  time, 
On  motion  of  Mr.  Witt, 

Further  proceedings  under  the  call  were  dispensed  with. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  Revenue — Mr. 
Edwards  of  Sangamon  in  the  chair. 

The  question  pending  when  the  committee  rose  this  morning,  was  on 
the  amendment  offered  to  the  second  section  by  Mr.  Markley. 

Mr.  Churchill  offered  the  following  as  a  substitute  for  the  amendment: 

"  But  may  fix  a  minimum  value  for  the  counties  of  this  state,  respec- 
tively, according  to  its  estimate  of  the  minimum  value  of  lands  in  each  of 
said  counties." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  was  put  on  the  amendment  offered  by  Mr.  Markley,  and 
no  quorum  voting, 

The  committee  rose,  and  by  their  chairman  reported  that  fact  to  the 
convention. 

On  motion  of  Mr.  Z.  Casey, 

A  call  of  the  convention  was  ordered. 

117  members  having  answered  to  their  names,  and  a  quorum  being  pre- 
sent, 

The  chairman  resumed  his  seat  in  committee  of  the  whole. 

The  question  was  taken  on  the  amendment  offered  by  Mr.  M  arklejr,  and 
decided  in  the  negative. 

Mr.  Dawson  moved  to  amend  the  same  section  by  strikino-  out  the 
words  "  and  not  otherwise," 


2-2-2  JOURNAL  OF  THE  CONVENTION.          [July  31- 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Turnbull  moved  to  amend  the  same  section  by  adding  thereto  the 
following: 

c>  The  legislature  may  provide  for  equalizing  the  valuation  of  taxable 
property." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Scales  moved  to  reconsider  the  vote  taken  this  morning  on  insert- 
ing the  words  "  and  government,"  in  the  second  section. 

The  question  was  taken, and  decided  in  the  affirmative;  when, 

Mr.  Scates  withdrew  the  amendment. 

Mr.  Scates  offered  the  following  as  an  additional  section: 

"  SEC,  3.  The  general  assembly  shall  provide  by  law  for  assessing  and 
collecting  a  tax  of  not  less  than  ten  nor  more  than  twenty-five  per  cente 
of  the  retail  value,  and  not  less  than  five  nor  more  than  Fifteen  per  cent, 
of  the  wholesale  value,  of  all  vinous,  spirituous,  and  mixed  liquors  sold  in 
this  state,  by  wholesale  or  retail." 

The  question  was  taken  thereon,  and  decided  in  the  negative. 

Mr.  Turnbull  moved  to  amend  the  third  section  by  adding  at  the  end 
of  the  tenth  line,  "also  all  lands  set  apart  for  burying  ground." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  West  moved  to  amend  the  third  section  by  striking  out  the  first 
line,  and  by  inserting  in  lieu  thereof,  the  words: 

<4  The  legislature  may  exempt  from  taxation  the  following  property." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Lockwood  moved  to  amend  the  same  section  by  striking  out  the 
word  "five,"  in  the  8th  line,  and  by  inserting  the  words  "one  hundred 
and  sixty." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Thomas  moved  to  strike  out  the  third  section  and  insert  in  lieu 
thereof  the  following: 

"The  following  property  shall  be  exempt  from  taxation,  viz:  The  poultry 
and  household  and  kitchen  furniture  used  by  families,  not  exceeding  in 
value  one  hundred  dollars,  and  wearing  apparel;  property  belonging  to, 
or  held  in  trust  by  the  state,  or  to  any  county,  township,  or  school  district, 
or  to  cities,  towns  or  villages,  and  held  for  public  use;  property  owned  and 
used  by  corporate  bodies  for  purposes  of  education  or  religious  worship, 
or  to  the  burial  of  the  dead;  but  the  general  assembly'shall  have  power  to 
limit  the  quantity  of  land  to  be  exempt  as  aforesaid." 

Mr.  Kitchell  offered  the  following  as  a  substitute  for  the  substitute  to 
the  third  section: 

"SEC.  3.  The  legislature  shall  have  the  power  to  exempt  from  taxation 
such  property  as  may  be  deemed  necessary." 

The  question  was  taken  on  agreeing  to  the  substitute  for  the  substitute, 
and  decided  in  the  affirmative. 

The  question  recurred  on  agreeing  to  the  substitute  as  amended. 

Mr.  Witt  called  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Lockwood  moved  the  following  as  an  additional  section: 

SEC.  — ,  Hereafter  no  purchaser  of  any  land  or  town  lot,  at  any  sale 
of  lands  or  town  lots  for  taxes  due  either  to  this  state,  or  any  county,  or 


July3L]  JOURNAL  OF  THE  CONVENTION.  223 

incorporated  town  or  city,  within  the  same;  or  at  any  sale  for  taxes  or 
levies  authorized  by  the  laws  of  this  state,  shall  be  entitled  to  a  deed  for 
the  land  or  town  lot  so  purchased,  until  he  or  she  shall  have  complied  with 
the  following  conditions,  to  wit:  Such  purchaser  shall  serve,  or  cause  to 
be  served,  a  written  notice  of  such  purchase  on  every  person  in  possession 
of  such  land  or  town  lot,  three  months  before  the  expiration  of  the  time  of 
redemption  on  such  sale;  in  which  notice  he  shall  state  when  he  purchased 
the  land  or  town  lot,  the  description  of  the  land  or  lot  he  has  purchased, 
and  when  the  time  of  redemption  will  expire.  In  like  manner  fte  shall 
serve  on  the  person  or  persons  in  whose  name  or  names  such  land  or  lot 
is  taxed,  a  similar  written  notice,  if  such  person  or  persons  shall  reside  in 
the  county  where  such  land  or  lot  shall  be  situated;  and  in  the  event  that 
the  person  or  persons  in  whose  name  or  names  the  land  or  lot  is  taxed,  do 
not  reside  in  the  county,  such  purchaser  shall  publish  such  notice  in 
some  newspaper  printed  in  such  county;  and  if  no  newspaper  is 
printed  in  the  county,  then  in  the  nearest  newspaper  that  is  pub- 
lished in  this  state  to  the  county  in  which  such  land  or  lot  is  situated; 
which  notice  shall  be  inserted  three  times,  the  last  time  net  less  than  three 
months  before  the  time  of  redemption  shall  expire.  Every  such  purcha- 
ser, by  himself  or  agent,  shall,  before  he  shall  be  entitled  to  a  deed,  make 
an  affidavit  of  his  having  complied  with  the  conditions  of  this  section, 
stating  particularly  the  facts  relied  on  as  such  compliance;  which  affida- 
vit shall  be  delivered  to  the  person  authorized  by  law  to  execute  such  tax 
deed;  and  which  shall,  by  him,  be  filed  with  the  clerk  of  the  circuit  court 
of  the  county  where  such  land  or  lot  shall  lie,  to  be  by  such  clerk  careful- 
ly preserved  among  the  files  of  his  office,  and  shall  be  prima  facie  evidence 
that  such  notice  has  been  given.  Any  person  swearing  falsely  in  any 
such  affidavit  shall  be  deemed  guilty  of  perjury,  and  punished  according- 
ly. In  case  any  person  shall  be  compelled,  under  this  section,  to  publish 
a  notice  in  a  newspaper,  then,  before  any  person,  who  may  have  a  right 
to  redeem  such  land  or  lot  from  such  tax  sale,  shall  be  permitted  to  re- 
deem, he  or  she  shall  pay  the  officer  or  person  who  by  law  is  authorized 
to  receive  such  redemption  money,  the  printer's  fee  for  publishing  such 
notice,  and  the  expense  of  swearing  or  affirming  to  the  affidavit,  and  fil- 
ing the  same. 

Mr,  Scates  moved  to  amend  the  additional  section,  by  prefixing  thereto 
the  words  "  the  legislature  may  provide  that," 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  upon  the  adoption  of  the  section,  as  an  amend- 
ment to  the  report,  and  decided  in  the  affirmative. 

Mr.  Farwell  offered  the  following  as  an  additional  section: 

'*  SEC.  5.  The  state  revenue  shall  be  collected  in  gold  and  silver  coin 
or  auditor's  warrants,  and  the  county  revenue  shall  be  collected  in  gold  and 
silver  coin  or  county  orders. 

Mr.  Thomas  moved  to  amend  the  section  proposed  by  Mr.  Farwell,  by 
striking  out  the  words  "or  auditor's  warrants. 

Th«'  question  was  put,  but  no  quorum  voting,  the  committee   rose,  and 
reported  that  fact  to  the  convention. 
On  motion, 

The  convention  adjourned  until  Monday. 


JOURNAL  OF  THE  CONVENTION.          [July  31. 


MONDAY,  AUGUST  2,  1847. 

Convention  assembled  pursuant  to  adjournment. 

The  journal  of  Friday  was  read. 

Mr.  Jenkins  presented  the  petition  of  Charles  T.  Walker,  and  fifty-nine 
others,  citizens  and  qualified  voters  of  the  state  of  Illinois,  praying  that  160 
acres  of  land,  or  a  town  lot  of  one  acre,  with  the  improvements,  be  ex- 
empted  from  forced  sale  and  mortgage,  &c.,  and  also  praying  that  a  more 
liberal  provision  be  made  to  secure  more  personal  property  for  families. 
On  motion  of  Mr.  Jenkins, 

The  reading  was  dispensed  with,  and  the  petition  referred  to  the  com- 
mittee on  Miscellaneous  Subjects  and  Questions. 

Mr.  Thompson  presented  the  petition  of  Phineas  Crouch,  and  one 
hundred  and  twenty  one  others,  citizens  of  the  state  of  Illinois  praying  for 
«*  a  limitatation  of  the  quantity  of  land  that  any  individual  may  hereafter 
acquire  in  this  state  to  160  acres;  that  the  judges  be  elected  by  the  peo- 
ple; the  exemption  of  the  homestead  of  each  family,  not  to  exceed  160 
acres,  from  alienation  for  any  future  debt  or  liability,  or  in  any  manner 
except  by  the  joint  consent  of  husband  and  wife,  where  such  relation  may 
exist;  that  all  constitutional  means  may  be  used  to  prevent  all  further 
traffic  in  the  public  lands  of  this  state,  and  of  the  United  States,  and  to 
cause  them  to  be  laid  out  in  farms  and  town  lots  for  the  free  and  exclu- 
sive use  of  actual  settlers,  with  respect  to  the  lands  now  under  the  control 
of  the  general  government;  that  two  dollars  per  day  be  allowed  legisla- 
tors, and  that  all  other  officers  be  paid  in  proportion. 
On  motion  of  Mr.  Thompson, 

The  petition  was  referred  to  the  committee  on  Miscellaneous  Subjects 
and  Questions. 

Mr.  Thompson  presented  the  petition  of  J,  J.  Hitchcock,  and  thirty-two 
others,  praying  that  the  homestead  may  be  made  inalienable;  to  make  the 
judges  elective;  to  limit  the  quantity  of  land  to  be  owned  by  one  person 
to  640  acres;  to  prevent  the  sale  of  land  to  speculators;  and  to  place  all 
salaries  on  a  parallel  with  active  labor. 
On  motion  of  Mr.  Thompson, 

The  petition  was  referred  to  the  committee  on  Miscellaneous  Subjects 
and  Questions. 

Mr.  Grain,  from  the  committee  on  Miscellaneous  Subjects  and  Ques- 
tions, to  which  was  referred  the  petition  of  Wm.  Morgan,  and  others, 
praying  fora  reduction  of  the  number  of  the  members  of  the  legislature, 
&c.,  reported  the  same  back,  and  ask  to  be  discharged  from  the  further 
consideration  of  the  subject. 

The  question  was  taken  on  discharging  the  committee,  and  decided  in 
the  affirmative. 

Mr.  Thomas  moved  to  suspend  the  rule  to  enable  him  to  offer  a  resolu- 
tion. 

On  motion  of  Mr.  Ho^ue, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in,  and  a  quorum  being  present, 

On  motion,  further  proceedings  under  the  call  were  dispensed  with, 


ugust  2.]          JOURNAL  OF  THE  CONVENTION. 


22,3 


On  motion  of  Mr.  Servant, 

Leave  of  absence  was  granted  to  Mr.  Jones  for  fourteen  days,  in  con- 
sequence of  severe  sickness  in  his  family. 

On  motion  of  Mr.  Henderson, 

Leave  of  absence  was  granted  to  Mr.  Norton  for  fourteen  days,  in  con- 
sequence of  sickness. 

On  motion  of  Mr.  Thompson, 
Leave  of  absence  was  granted  to  Mr.  Knowlton  for  three  days. 

On  motion  of  Mr.  Holmes, 

Leave  of  absence  was  granted  to   Mr.  Green  of  Tazewell  for  seven 
days,  in  consequence  of  sickness. 
On  motion  of  Mr.  Hogue, 

Leave  of  absence  was  granted  to  Mr.  Hunsaker  for  fourteen  days,  in 
consequence  of  sickness  in  his  family. 

Mr.  Thomas  withdrew  the  motion  to  suspend  the  rules. 

On  motion  of  Mr.  Eccles, 

The  rule  was  suspended  to  enable  him  to  introduce  the  following  reso- 
lution : 

Resolved,  That  whenever  a  call  of  the  convention  is  ordered,  the  secre- 
tary shall  note  on  the  journal  the  names  of  the  absentees. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  reso- 
lution, 


And  decided  in  the  affirmative, 
Those  voting  in  the  affirmative,  are, 


109 

7 


Mr.  Adams 

Mr.  Dawson 

Allen 

Deiiz 

Anderson 

Dement 

Armstrong 

Duiumer 

Atherton 

Dunn 

Bla-r 

Dunsmoie 

Blakely 

Edwards  of  Madison 

Brockman 
Bond 

Edwards  of  Sangamon 
Eccles 

Bosbyshell 

Eduionson 

Brown 

Evey 

Bunsen 

Graham 

Butler 

Geddes 

Crain 

Green  of  Clay 

Canady 

Green  of  Jo  Daviess 

Campbell  of  McDonough 

Carter 

Grimshaw 

F.  S   Casey 

Harlan 

Z.  Casey 

Harper 

Choate 

Haich 

Cross  of  Winnebago 

Hay 

Cloud 

Henderson 

Church 

Hill 

Ch  irchill 

Hogue 

Dale 

Holmes 

Davis  of  Montgomery 
Davis  of  McLean 

Hurl  but 
James 

Davis  of  Massac 

Jenkins 

15 

Mr.  Judd 

Knapp  of  Jersey 

Kreider 

Kinney  of  Bureau 

Kinney  of  St.  Clair 

Kitchell 

Knox 

Lander 

Lasater 

Linley 

McCallen 

Me  C  lure 

Manly 

Markley 

Marshall  ot  Coles 

.Mason 

Miller 

Minshall 

Moffett 

Morris 

l<»ichols 

Oliver 

Pace 

Palmer  of  Marshall 

Pinckney 

Rives 

Robinson 

Rountree 


2-26  JOURNAL  OF  THE  CONVENTION.         [August  2. 

Mr.  Scales  Mr.  Simpson  Mr.  Wead 

Statiden  Smith  of  Gallatin  Webber 

Sharpe  Smith  of  Mac  on  Williams 

Swan  Tnomas  Witt 

Spencer  Turnbull  Whiteside 

Sherman  Turner  Whitney 

Servant  '\  »tt  Woodsou 

Sibley  Vance  Worcester. 
Sim 

Those  voting  in  the  negative,  are, 

Kr.  Caldwell  Mr.  Knapp  of  Scott  Mr.  Roman 

Colby  Northcott  Thompson 

Heacock 

Mr.  Whiteside  moved  to  suspend  the  rule  to  enable  him  to  introduce  a 
resolution. 

The  question  was  taken,  and  decided  in  the  negative. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  Revenue — 
Mr.  Edwards  of  Sangamon  in  the  chair. 

The  question  pending  when  the  committee  last  rose,  was  on  the  amend- 
ment offered  by  Mr.  Thomas,  to  the  additional  section  proposed  by  Mr. 
Farwell,  which  proposes  to  strike  out  the  words  "or  auditor's  warrants.'* 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  McCalleri  moved  to  amend  the  proposed  section  by  inserting  the 
words  "or  other  state  indebtedness,"  after  the  word  "warrants." 

The  question  was   taken,  and  the  amendment  rejected. 

The  question  was  taken  on  agreeing  to  the  proposed  section,  and  deci- 
ded in  the  negative. 

Mr.  Sherman  offered  the  following  as  an  amendment  to  the  third  sec- 
tion: 

"  Unless  the  same  shall  be  situated  in  a  village  or  city,  where  no  more 
shall  be  exempted  than  the  quantity  occupied  by  such  huilding." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Hogue  moved  to  substitute  the  following  in  lieu  of  the  section  as 
amended: 

"The  property  of  the  state  and  counties,  both  real  and  personal,  and 
such  other  property  as  the  legislature  may  deem  necessary  for  school,  re- 
iigious,  und  charitable  purposes,  may  be  exempted  from  taxation/' 

The  question  was  taken,  and  the  substitute  adopted. 

On  motion  of  Mr.  Thomas', 
i    The  following  were  severally  ngreed  to  as  additional  sections: 

"  SEC.  5.  The  corporate  authorities  of  counties,  townships,  school  dis- 
tricts, cities,  towns,  and  villages  may  be  vested  with  power  to  assess  and 
collect  taxes  for  corporate  purposes,  such  taxes  to  be  uniform  in  respect  to 
persons  and  property,  within  the  jurisdiction  of  the  body  imposing  the 
same. 

"SEC.  6.  The  specification  of  the  objects  and  subjects  of  taxation 
shall  not  deprive  the  general  assembly  of  the  power  to  require  other  ob- 
jects or  subjects  to  be  taxed,  in  such  manner  as  may  be  consistent  with  the 
principles  of  taxation  fixed  in  this  constitution.*' 

Mr.  Churchill  moved  the  following  as  an  additional  section: 


August  3.]        JOURNAL  OF  THE  CONVENTION.  227 

"SEC.  — .  The  general  assembly  may,  at  nay  rpgular  session,  repoal 
or  amend  the  foregoing  sectiou  by  a  vote  of  two-thirds  of  the  members 
elect."  • 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Dawsun  offered  the  following  as  an  additional  section: 

*4SEC.  — .  The  legislature  shall  cause  the  several  county  clerks  in  thu 
state,  at  the  proper  time,  to  make  out,  in  tabular  form  according  to  _the_ 
proper  sub-divisions  thereof,  a  list  of  land  on  which  taxes  remain  du« 
and  unpaid  for  the  year  last  past,  and  place  the  same  in  the  hands'of  the 
assessor  for  the  next  year,  whose  duty  shall  be,  when  he  assesses  lands,  to 
compare  the  assessment  with  the  delinquent  list,  and  should  they  find  any 
lands  on  the  delinquent  list  which  belongs  to  any  citizen  of  their  respec- 
tive counties,  they  shall  notify  the  citizen  thereof,  and  all  other  lands  OH 
his  list  shall  be  published  in  some  newspaper  nearest  where  the  lanft  lies, 
and  no  lands  shall  be  sold  for  taxes  until  at  least  three  months  after  the 
assessment  closes  according  to  law." 

The  question  was  taken,  and  the  proposed  section  rejected. 

Mr.  Turner  moved  to  adJ  the  following  proviso  to  the  4lh  section,  adopt- 
ed on  Saturday  last: 

" Provided,  that  every  tract  or  parcel  of  land  lying  in  this  state  aad 
subject  to  taxation,  shall  be  liable  tor  all  taxes  accruing  on  the  same,  and 
all  such  lands  may  be  proceeded  against  and  sold  for  taxes  without  regard 
to  ownership,  or  otherwise,  in  such  manner  as  the  legislature  shall  pre- 
scribe by  law,  and  provided  in  all  cases,  a  judgment  shall  be  obtained 
against  such  lands,  before  the  same  shall  be  sold.*' 

The  question  WHS  taken,  and  the  amendment  rejected. 
O,i  motion  of  Mr.  Z.  Casey, 

The  committee  rose,  reported  back  the  report  with  sundry  amendments, 
and  asked  the  concurrence  of  the  convention  therein. 
On  motion  gf  Mr.  Hogue, 

The  report  was  laid  on  the  table,  and  250  copies  ordered  to  be  printed 
for  the  use  of  the  convention. 

Mr.  Ca  Id  well  moved  that  the  convention  adjourn  until  three  o'clock, 

P.  M. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Adams  moved  to  take  up  the  report  of  the  committee  on  the  Ex- 
ecutive Department,  as  amended. 

The  question  was  taken,  and  no  quorum  voted. 

Mr.  Lockwood  moved  to  suspend  the  rule  to  enable  him  to  offer  the 
following  resolution: 

"  Hereafter  a  majority  of  the  members  of  the  convention  shall  consti- 
tute a  quorum  to  do  business." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Adams  withdrew  the  motion  to  take  up  the  report. 
On  motion  of  Mr.  Wead. 

A  call  of  the  convention  was  ordered. 
On  motion, 

The  convention  adjourned. 


JOURNAL  OF  THE  CONVENTION.        [August  3. 
TUESDAY,   AUGUST  3,  1847. 


Convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 

Mr.  Grain,  from  the  committee  on  Miscellaneous  Subjects  and  Ques- 
tions, to  which  was  referred  the  petition  of  William  Morgan  and  others, 
on  various  subjects,  reported  the  same  back,  and  asked  to  be  discharged 
from  the  further  consideration  thereof. 

The  question  was  taken,  and  the  committee  discharged* 
On  motion  of  Mr.  Thomas, 

The  report  of  the  committee  on  Incorporations  was  taken  from  the 
table,  and  referred  to  the  committee  of  the  whole  convention. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole,  to  consider  the  report  of  the  committee  on  Incorporations — 
Mr.  VVead  in  the  chair. 

Mr.  Davis  of  Montgomery  moved  to  strike  out  the  first  section  and  in- 
sert in  lieu  thereof  the  following: 

"No  corporate  body  shall  be  hereafter  created,  renewed  or  extended 
within  this  state,  with  banking  or  discounting  privileges." 

Mr.  Deitz   called   for  a  division,   so   as   to    vote  first  on  striking  out, 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

Mr.  Whiteside  moved  to  amend  the  first  section  by  striking  out 
the  word  "and,"  in  the  second  line. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Caldwell  moved  to  amend  the  first  section  by  adding  thereto  the 
words  "all  such  acts,  whether  general  or  special,  shall  be  subject  to  alter- 
ation, amendment  or  repeal." 

The^question  was  taken,  and  the  amendment  rejected. 

Mr.  Scates  moved  to  amend  the  game  section  by  adding  thereto  the  fol- 
lowing proviso: 

"The  members  of  all  corporations  or  associations,  other  than  municipal, 
religious,  scientific  or  charitable,  shall  be  individually  liable  for  the  debts, 
liabilities  and  acts  of  such  corporations  or  associations,  and  for  the  con- 
sequences resulting  from  such  acts." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Thomas  moved  to  strike  out  the  second  section. 

Mr.  Scales  called  for  a  division,  so  as  to  vote  first  on  striking  out  the 
words  ''individual  liabilities  of  the  corporators,  or,"  in  the  second  line. 

The  quest. on  was  taken,  and  decided  in  the  negative. 

Mr.  brockman  moved  to  amend  the  second  section  by  striking  out  the 
words  "not  possessing  banking  powers  or  privileges." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Churchill  moved  to  amend  the  second  section,  by  adding  thereto  the 
words  "and  such  liabilities  shall  be  levied  on  their  individual  property  in 
proportion  to  their  several  interests  in  said  corporation." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  recurred  on  striking  out  the  second  section;  was  taken, 
and  decided  in  the  negative. 


August*.}         JOURNAL  OF  THE  CONVENTION. 

Mr.  Edwards  of  Sangamon  offered  the  following  as  an  additional  sec- 


tion: 


"SEC.  — .  All  the  property  belonging  to  the  inhabitants  of  any  muni- 
cipal corporation  shall  be  liable  to  the  payment  of  debts  contracted  under 
the  authority  of  law»" 

The  question  was  taken,  and  the  proposed  section  agreed  to. 

Mr.  McCallen  moved  to  amend  the  third  section  by  adding  thereto 
the  following: 

"Unless  the  people  sanction  the  power  to  create  a  state  bank,  at  some 
general  election  to  be  provided  by  I-iw." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Kenner  moved  to  amend  the  thiid  section  by  striking  out  the 
three  last  words,  and  by  inserting  in  lieu  thereof  the  words,  "to  be  here- 
after created  either  by  general  or  special  laws." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Harvey  moved  to  amend  the  third  section,  by  adding  at  the  end 
the  words  "to  be  hereafter  created." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  YVilliams  moved  to  strike  out  the  third  section  and  to  insert  in  iieu 
thereof  the  words  '€no  corporate  body  shall  be  hereafter  created,  renewed 
or  extended  within  this  state,  with  banking  or  discounting  privileges/' 

Mr.  Farwell  moved  to  suspend  the  fifteen  minute  rule. 

The  question  was  taken,  arid  decided  in  the  negative. 

Mr.  Harvey  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  derided  in  the  negative. 

Mr.  Davis  of  Montgomery  moved  to  amend  the  third  section,  by 
striking  out  the  word  "'state." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Armstrong  moved  to  strike  out  the  fourth  section,  and  to  insert  in 
lieu  thereof  the  words  "no  corporate  body  shall  hereafter  be  created,  re- 
newed or  extended,  with  banking  or  discounting  privileges;  nor  shall  the 
credit  of  the  state  be  loaned  directly  or  indirectly  in  any  case." 

Mr.  Robbins  moved  to  amend  the  same  section  by  striking  out  all  after 
the  word  "unless,"  and  to  insert  in  lieu  thereof  the  following: 

uThe  act  granting  the  said  powers  or  privileges  shall  be  submitted  to 
tho  people  for  their  approbation  or  rejection,  at  the  next  general  election 
after  the  passage  of  the  said  act.  And  if  the  said  act  shall  be  approved 
by  a  majority  of  the  votes  given  at  the  said  election,  the  same  shall  there- 
after become  a  law." 

Mr.  Farwell  moved  to  add  the  following  to  Mr.  Robbins'  amendment 
us  a  pioviso: 

"Provided,  that  all  persons  voting  for  the  adoption  of  this  section 
dnall  be  responsible  to  the  full  extent  of  their  property,  both  personal  and 
real,  for  all  the  failures,  miscarriage?,  or  dedications,  of  any  and  all  the 
banks,  hereafter  to  be  created  or  established  by  virtue  of  this  section." 

The  question  was  taken,  and  the  proviso  rejected. 

Mr.  Crain  moved  to  add  to  the  amendment  offered  by  Mr.  Robbins  the 
following: 

i(And  should  there  ever  at  any  time  exist  a  bank  charter  of  any  k'nd 
in  this  state  by  authority  of  law,  and  if  said  institution  shall  at  any  time 


:230  JOURNAL  OF  THE  CONVENTION. 

neglect  or  refuse  (o  redeem  any  and  all  of  her  issues  when  presented  for 
redemption,  in  gold  or  silver,  without  delay,  at  par  value,  then  and  in 
that  case  said  charterer  privilege  shall  be  forfeited  forever,  and  all  the 
property  of  the  stockholders,  hoth  personal  and  real,  shall  be  bound  for  the 
redemption  of  all  their  circulation." 

On  motion  of  Mr.  Geddes, 

The  commit'.ee  rose,  reported  progress,  and  asked  leave  to  sit  again-, 
which  was  granted. 

On  motion, 
The  convention  adjourned  until  3  o'clock,  P.  M. 

THREE  O'CLOCK,  P.  M. 

The  convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Grain, 

The  report. of  the  committee  on  Miscellaneous  Subjects  and  Questions 
was  taken  from  the  table,  and  referred  to  the  committee  of  the  whole1 
convention. 

According  to  order,  the  convention  resolved  itself  into  a  committee  of 
the  whole,  again  to  consider  the  report  of  the  committee  on  Incorpora- 
tions. 

The  question  pending  when  the  committee  rose  this  morning,  was  on 
the  amendment  proposed  by  Mr.  Grain  to  the  amendment  offered  by  Mr. 
Ilobbins  to  the  fourth  section. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Scates  called  for  a  division,  so  as  to  vote  first  on  striking  out;  when, 

Mr.  Robbins  withdrew  his  amendment. 

Mr.  Armstrong  moved  to  amend  the  fourth  section  by  striking  out  all 
after  the  word  "incorporations." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Sherman  moved  to  amend  the  same  section  further  by  striking 
out  all  after  the  word  "granted,"  and  to  insert  in  lieu  thereof  the  following: 

"Except  bv  general  laws,  which  shall  be  in  accordance  with  the  fol- 
lowing provisions: 

"First.  No  law  shall  be  passed  sanctioning  in  any  manner,  directly 
or  indirectly,  the  suspension  of  specie  payments. 

"Second.  Ample  security  in  interest- pay  ing  stocks  of  the  United 
States  or  of  the  states  shall  bs  deposited  with  the  treasurer  of  state,  for 
the  redemption,  in  specie,  of  all  the  bills  «ind  notes  put  in  circulation,  and 
no  stock  shall  be  received  in  deposit,  as  aforesaid,  but  such  as  shall  be  at 
par  value  at  the  time  of  said  deposit,  and  of  such  states  as  shall  have  reg- 
ularly and  promptly  paid  their  interest  for  the  three  years  immediately 
preceding  the  deposit;  and  no  bills  or  notes  shall  be  put  in  circulation  by 
nny  association  but  Fuch  as  are  registered  and  countersigned  by  the  treas- 
urer of  state,  to  any  banking  association;  and  the  notes  or  bills  so  regis- 
tered and  countersigned  for  any  banking  association,  shall  not  exceed  in 
amount  the  stocks  or  bonds  deposited  by  such  association;  Provided,  that 
the  legislature  may  also  authorize  a  deposit  of  the  bonds  of  this  state  to 
be  made  in  like  manner,  for  a  like  redemption  of  such  bills  or  notes^Chc 
amount  and  value  of  such  bonds  being  determined  by  the  rate  of  interest 


August  3.]        JOURNAL  OF  THE  CONVENTION.  231 

which  the  state  may,  at  the  time  of  such  deposite,  pay  on  the  same;  and 
the  amount  of  such  depoaile  shall  be  proportionate  to  the  late  per  ccnturn 
interest  paid  ihereon. 

"'•Third.  The  stockholders  in  every  corporation  and  joint  stock  associa- 
tion for  hanking  purpose?,  issuing  bank  notes  or  any  kind  of  paper  cred- 
its to  circulate  as  money,  shall  be  individually  responsible  to  the  amount  of 
their  respective  share  or  shares"  of  stock  in  any  such  corporation   or  asso 
cialion,  for  ail  itsdel>ts  and  liabilities  of  every  kind. 

"Fourth.  In  case  of  insolvency  of  any  bank,  or  banking  association,  the 
bill-holders  shall  be,  entitled  to  preference  in  payment  over  all  other 
creditors  of  such  bank  or  association. 

"Fifth.  Non-payment  of  specie  shall  be  a  forfeiture  of  all  banking  rights 
and  privileges;  and  the  legislature  shail  provide  for  the  sale  of  said  stocks 
dej)v)«ited,  and  apply  the  proceeds  thereof  to  the  redemption  of  the  notes 
or  bills  in  circulation;  and  the  legislature  shall  not  have  power  to  remit 
the  forfeiture,  cr  to  relieve  from  any  of  its  consequences;  and  provision 
shall  be  made  by  law  for  the  trial,  in  a  summary  way,  by  judicial  tribu- 
nals, of  all  contested  questions  of  forfeiture  of  banking  privileges. 

"Sec.  4.  No  corporation  or  association  for  banking  purposes  shall  have 
a  capital  less  than  fifty  thousand  dollars,  nor  greater  than  five  hundred 
thousand  dollars. 

"SEC.  5.  The  embezzlement  of  the  funds  or  property  of  any  corpora- 
tion or  joint  stock  association  for  banking  purposes,  by  any  officer  or 
agent  thereof,  shall  be  deemed  a  felony,  and  it  shall  be  the  duty  of  the 
general  assembly  to  provide  for  the  punishment  of  such  felony  in  the  pen- 
itentiary. 

"SEC.  (5.  This  article  shall  be  separately  submitted  to  a  vote  of  the  peo- 
ple, and  it  voted  tor  by  a  majority  of  all  voting  on  the  question,  shall  be- 
come a  part  of  the  constitution." 

Mr.  F.irweil  catted  for  a  division,  so  as  to  vote  first  on  striking  out: 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative. 

Mr.  liutier  moved  to  amend  the  amendment  by  substituting  therefor 
the  following: 

*'AnJ  no  corporate  body  shall  be  hereafter  created,  renewed  or  exten- 
ded within  this  state  with  banking  or  discounting  privileges;  Provided,l\iat 
this  provision  shall  be  submitted  to  the  people  in  the  same  manner  and  at 
the  same  time  that  other  articles  of  this  constitution  are  submitted,  as  a 
separate  an.l  distinct  article  of  the  constitution,  for  their  approval  or  re- 
jection. And  in  case  it  shall  be  approved  by  a  majority  of  all  the  votes 
cast  for  and  against  the  same,  it  shall  become  and  form  apart  of  the  con- 
stitution of  this  state,  and  not  otherwise." 

The  question  was  taken,  and  the  substitute  rejected. 

Mr.  Robbing  moved  to  amend  the  amendment  by  substituting  therefor 
the.  following: 

"Either  by  general  or  special  acts  of  incorporation,  unless  the  act  gran- 
ling  the  said  powers  or  privileges  besubmitted  to  the  people  at  the  next 
general  election  after  the  passage  of  the  act,  and  if  the  said  act  shall  be 
approved  by  a  majority  of  all  the  votes  given  at  the  said  election,  the 
game  shall  thereafter  become  a  law." 

The  question  was  taken,  and  decided  in  the  negative. 


232  JOURNAL  OF  THE  CONVENTION.          [August  4* 

The  question  recurred  on  the  amendment  offered  by  Mr.  Sherman? 
was  taken,  and  the  amendment  rejected. 

Mr.  McCallen  moved  to  strike  out  the  fourth  section,  as  amended,  and 
to  insert  in  lieu  thereof  the  words  "there  shall  be  a  poll  opened  every 
four  years,  at  the  general  election  to  be  held  in  this  state,  for  or  against  the 
absolute  prohibition  of  bank?,  and  if  a  majority  voting  shall  decide  against 
absolute  prohibition,  the  legislature  may  authorize  the  incorporation  of  a 
bank  with  branches  as  hereinafter  provided." 

Mr.  Dement  moved  that  the  commttee  rise  and  report. 

The  question  was  taken,  and  decided  in  the  negative, 

Mr.  Caldwell  moved  that  the  committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Hogue  moved  to  amend  the  proposed  substitute,  by  striking  out 
the  word  "-'four,"  and  by  inserting  in  lieu  thereof  the  word  "ten." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Markley  moved  to  amend  the  amendment  by  adding  to  the  fourth 
section  the  following: 

"And  no  branch  or  agency  of  any  banking  institution  in  the  United 
States,  or  any  state  or  territory,  within  or  without  the  United  States,  shall 
be  established  or  maintained  within  this  state." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  recurred  upon  the  substitute  proposed  by  Mr.  McCallen; 
was  taken,  and  decided  in  the  negative. 

Mr.  Harvey  moved  to  amend  the  fourth  sectien,  as  amended,  by  ad- 
ding thereto  the  words  "by  the  legislature,  unless  directed  by  the  people  of 
the  state,  as  hereinafter  directed." 

The  question  was  taken,  and  the  amendment  rejected. 
On  motion  of  Mr.  Logan, 

The  fifth  and  sixth  sections  were  stricken  out. 
On  motion  of  Mr.  Logan, 

The  committee  rose,  reported  back  the  report  to  the  convention,  with 
sundry  amendments,  and  asked  the  concurrence  of  the  convention 
therein. 

Mr.  Ilogue  moved  to  lay  the  report,  as  amended,  on  the  table,  and 
order  the  printing  of  two  hundred  and  fifty  copies  for  the  use  of  the  con- 
vention. 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion, 

The  convention  adjourned. 


WEDNESDAY,  AUGUSTA  1847. 

4. 

The  convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 

The  queslionpending  when  the  contention  adjourned  on  yesterday,  was 
upon  concurring  with  the  committee  of  the  whole,  in  the  amendments 
made  to  the  report  of  the  committee  on  Incorporations. 


August  4]         JOURNAL  OF  THE  CONVENTION.  ^33 

Mr,  Logan  moved  to  amend  the  report  of  the  committee  of  the  whole 
by  adding  alter  the  word  4»  granted,0  in  the  fourth  section,  the  following: 

u  Except  by  general  laws,  which  shall  be  in  accordance  with  the  fol- 
lowing provisions: 

"First.  No  law  shall  be  passed  sanctioning  in  any  manner,  directly  or 
indirectly,  the  suspension  of  specie  payments. 

"Se.cmd.  Ample  security  in  interest-paying  stocks  of  the  United  States,— 
or  of  the  states,  shall  be  deposited  with  the  treasurer  of  the  state,  for  the 
redemption,  in  specie,  of  ail  the  bills  and  notes  put  in  circulation,  and  no 
stock  shall  be  received  in  deposit,  as  aforesaid,  but  such  as  shall  be  at  par 
value  at  the  time  of  said  deposit,  and  of  such  states  as  shall  have  regular- 
v  and  promptly  paid  their  interest  for  the  three  years  immediately  preced* 
ng  the  deposit;  and  no  bills  or  notes  shall  be  put* in  circulation  by  any 
association  but  such  as  are  registered  and  countersigned  by  the  treasurer 
of  state,  to  any  banking  association;  and  the  notes  or  bills  so  registered 
ind  countersigned  for  any  banking  association,  shall  not  exceed  in  amount 
the  stocks  or  Bonds  deposited  by  such  association;  Provided,  that  the  le- 
gislature may  also  authorize  a  deposit  of  the  bonds  of  this  state  to  be 
made  in  like  manner.,  for  a  like  redemption  of  such  bills  or  notes;  the 
amount  and  value  of  such  bonds  being  determined  by  the  rate  of  interest 
which  the  state  may,  for  three  years  next  before  the  lime  of  such  deposit, 
>ay  on  the  same;  and  the  amount  of  such  deposite  shall  be  proportionate 
o  the  rate  per  centum  interest  paid  thereon. 

"Third.  The  stockholders  in  every  corporation  and  joint  stock  associa- 
tion for  banking  purposes,  issuing  banks  notes  or  any  kind  of  paper  cred- 
ts  to  circulate  as  money,  shall  be  individually  responsible  to  the  amount  of 
,heir  respective  share  or  shares  of  stock  in  any  such  corporation  or  asso- 
ciation, tor  all  its  debts  and  liabilities  of  every  kind. 

"Fourth.  In  case  of  insolvency  of  any  bank,  or  banking  association, 
the  bill  holders  shall  b£  entitled  to  preference  in  payment  over  ail  other 
ircdiiors  of  such  bank  or  association. 

"Fifth.  Non-payment  of  specie  shall  be  a  forfeiture  of  all  banking 
rights  and  privileges;  and  the  legislature  shall  provide  lor  the  sale  ol  said 
itocks  deposited,  and  apply  the  proceeds  thereof  to  the  redemption  of 
ihe  notes  or  bills  in  circulation;  and  the  legislature  shall  not  have  power 
to  remit  the  forfeiture,  or  to  relieve  from  any  of  its  consequences  ;  and 
provision  shall  be  made  by  law  for  the  trial,  in  a  summary  way,  by  judicial 
.ribunab,  of  all  contested  questions  of  forfeiture  of  banking  privileges. 

"  $EC.  4.  No  corporation  or  association  for  banking  purposes  shall 
lave  a  capital  less  than  fifty  thousand  dollars,  nor  greater  than  five  hun- 
Ired  thousand  dollars. 

*'  NEC.  5.  The  embezzlement  of  the  funds  or  property  of  any  corpo- 
•ation  or  joint  stock  association  for  banking  purposes,  bv  any  officer  or 
igeni  thereof,  shall  be  deemed  a  felony,  and  it  shall  be  the  duty  of  the 
reneral  assembly  to  provide  for  the  punishment  of  such  felony  in  the  pen- 
ten  tiary.  ' 

tSi:»j.  6.  This  article  shall  be  separately  submitted  to  a  vole  of  the 
>eopie,  and  if  voted  for  by  a  majority  of  all  voting  on  the  question,  shall 
)ecome  a  part  ol  the  constitution." 


234 


JOURNAL  OF  THE  CONVENTION.          [August  4. 


Mr.  Logan  moved  to  postpone,  the  further  consideration  of  the  whole 
subject  for  the  present,  and  to  make  it  the  special  order  of  the  day  for 
Monday  next. 

Mr.  Hayes  moved  to  lay  the  motion  on  the  table. 

Tiie  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative, 


70 
C2 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Brockman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Butler 
Grain 
Cal  dwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Colby 

Cross  of  Woodford 
Cloud 
Dale 


Mr.  Davis  of  Montgomery 
Davis  of  Massac 
Dement 
Dunn 
Edmonson 
Evey 
Farwell 
, Gregg 
Hatch 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
James 
Kreider 

KinneyofSt.  Clair 
Kitchell 
Lasufer 
Linley 
McCully 
McClure 
Manly 


Mr.  Markley 
Moffett 
Nichols 
Oliver 
Pace 
Robinson 
Roman 
Rountree 
Scales 
Stadden 
Sharpe 
Sim 

Simpson 

Smith  of  Gallatin 
Shumway 
Thompson 
Tutt 
Wead 
Webber 
Williams 
Witt 

Whiteside 
Worcester. 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Canady    \ 

Cross  of  Winnebago 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dtqnmef 
Dunlap 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangainon 
Eccles 
Graham 
Geddes 

Green  of  Clay 
Green  of  Jo  Daviess  . 
Grimshaw 
Harlan 


Mr.  Harper 
Harvev 
Hay    * 
Heacock 
Holmes 
Hurl  but 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Knox 
Lander 
Lockwood 
Logan 
Loudon 
McCallen 
Marshall  of  Coles 
Mason 
Mieure 
Miller 


Mr.  Morris 
Northcott 

Palmer  of  Marshall 
Pinckney 
Rives 
Robbins 
Swan 
Spencer 
Sherman 
Servant 
Sibley 

Smith  of  Macon 
Thomas 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Whitney 
Woodson. 


Agust  4.]         JOURNAL  OF  THE  CONVENTION. 


235 


Mr.  Logan  withdrew  his  amendment. 

Mr.  Williams  moved  to  amend  the  fourth  section,  as  amended  by   the 
:ommiltcc  of  the  whole,  by  adding  thereto  the  following: 

The  legislature  shall  prohibit,  under  adequate  penalties,  the  circula- 
ion  of  all  bank  notes  in  this  state,  and  making  void  all  contracts  founded 
ipo»  or  payments  made  in  such  notes." 

On  motion  of  Mr.  Cross  of  Winnebago, 
The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  naysj  on  the  adoption   of  the 
rneridment  of  Mr.  Williams, 

(Yeas,         90 

(Nays 41 


And  decided  in  the  affirmative, 


[t'hose  voting  in  the  affirmative,  are, 


IT.  Adams                                 Mr 
Akin 

Edwards  of  Sangamon 
Ecclcs 

Allen 

Edmonson 

Archer 

Farwell 

Armstrong 

Graham 

Brockman 

Geddes 

Bond 

Green  of  Clay 

Bosbysheli 

Gregg 

Brown 

Gnmshaw 

Bun  sen 

Hay 

Grain 

Hayes 

Canady 

Henderson 

Caldwell 

Hoes 

Campbell  of  McDonough 

Holmes 

Carter 

Hurlbut                  ' 

F.  S.  Casey 

James 

Z.  Casey 

Judd 

Colby    " 
Cross  of  Winnebago 

Knapp  of  Jersey 
Knapp  of  Scott 

Cross  of  \\  oodford         -«. 

Kreider 

Cloud 

Kenner 

Churchill 

Kinney  of  Bureau 

Davis  of  McLean 

Kinney  of  St.  Clair 

Davis  of  Massac 

Knox 

Deitz 

Lander 

Dement 

Lasater 

Dummer 

Linley 

Dunlap 

Logan 

Dunsmore 

London 

Edwards  of  Madison 

McCully 

Those  voting  in  the  negative,  are, 


r.  Anderson 
Atherton 
Blair 
Blakely 
Butler 
Choate 
Church 

Davis  of  Montgomery 
Dawson 
Dunn 
Evey 

Green  of  Jo  Daviess 
Harlan 
Harper 


Mr.  Harvey 
Hatch 
Heacock 
Hill 


Kitchelt 

Lockwood 

McCallen 

Manly 

Mason 

Mieure 

Moffett 

Nichols 

Palmer  of  Marshall 


Mr.  McClure 
Markley 

Marshall  of  Coles 
Miller 
Noithcott 
Oliver 
Pace 

Pinckney 
Rives 
Robinson 
Roman 
Scates 
Stadden 
Swan 
Sherman 
Sim 

Simpson 

Smith  of  Gallatm 
Shumway 
Thomas 
Thompson 
Turnbull 
Turner 
Tuttle 
Vance 
Wead 
Webber 
West 
Williams 
Whitney. 


Mr.  Robbins 
Rountree 
Sharpe 
Spencer 
Servant 
Sibley 

Smith  of  Macon 
Thornton 
Tutt 
WTitt 

Whiteside 
Woodson 
Worcester. 


JOURNAL  OP  THE  CONVENTION.         (August  4 


The  question  recurrrcd  on  the  question  of  concurring  with  the  coni 
mittee  of  the  whole  in  the  amendments  made  to  the  report. 

Mr.  Caldwell  called  for  a  division,  so  as  to  vote  separately  oh  concur! 
ring  in  said  amendments. 

The  question  was  taken,  by  yeas  and  nayc,  on  concurring  in  the  amend 
ments  to  the  first  section, 


And  decided  in  the  negative, 


(Nays, 


Those  voting  in  the  affirmative,  are, 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Anderson 
Blakely 
Canady 
Choate 

Cross  of  Winnebago 
Church 
Churchill 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitz 
Dement 
Dummer 
Dunlap 
Dunn 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamcn 
Eccles 
Euinonson 
Evey 
Graham 
Geddes 
Green  of  Clay 
Green  of  Jo  Daviess 


Mr.  Gregg 
Grimshaw 
Harlan 
Harper 
Harvey 
Hatch 
Hay 

Heacock 
Hill 
Hogue 
Holmes 
Hurlbut 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
Marshall  of  Coles 
Mason 


53 

78 


Mr.  Akia                                   Mr, 

Colby 

Mr.  Nichols 

Allen 

Cross  of  Woodford 

Oliver 

Archer 

Cloud 

Pace 

Armstrong 

Farwell 

Robinson 

Atherton 

Hayes 

Roman 

Blair 

Henderson 

,  Rountree 

Brockman 

Hoes 

Scates 

Bond 

James 

Stadden 

Bosbyshell 

Kreider 

Sim 

Biown 

Kinney  of  St.  Glair 

Simpson 

Bansen 

Kitcfeell 

Smith  of  Gallatin 

Butler 

Lasater 

Sh  urn  way 

Grain 

Lin  ley 

Thompson 

Caldwell 

Me  Cully 

Tutt 

Campbell  of  McDonough 

McClure 

Wead 

Carter 

Manly 

West 

F.  S.  Casey 

Markley 

Whiteside. 

Zadok  Casey 

Morris 

Mr.  Mieure 
Miller 
Moffett 

North  cott 

Palmer  of  Marshall 
Pinckney 
Rives 
Robbins 
Swan 
Spencer 
Sherman 
Servant 
Sibley 

Smithof  Macon 
Thomas 
Thornton 
Turnbull 
Turner 
-  Tuttle 
Vance 
Webber 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


ugust  4]        JOURNAL  OF  THE  CONVENTION. 


23? 


The  question  was  taken  on  concurring  in  the  amendment  made  to  the 
ird  section,  and  decided  in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  the  com- 
ittee  of  the  whole  on  agreeing  to  the  following  additional  section: 
"  NEC.  — .     All  the  property  belonging  to  the  inhabitants  of  any  muni- 
pal  corporation  shall  be  liable  to  the  payment  of  debts  contracted  under 
e  authority  of  law." 


And  decided  in  the  negative. 

Yeas,      47 
Nays,      83 

Those  voiing  in  the  affirmative,  are, 

'.  Akin                                    Mr. 

Davis  of  Massac 

Mr.  McCallen 

Allen 

Dement 

McCully 

Archer 

Edwards  of  Sangamon 

Markley 

Blakely 

Farwell 

Oliver 

Brock  man 

Green  of  Clay 

Pace 

Bond 

Harper 

Bobbins 

Bosbyshell 

Hatch 

Robinson 

Bunsen 

Hill 

Roman 

Grain 

Hogue 

Rountree 

Caldwell 

James 

Scates 

Carter 

Kreider 

Sim 

F.  S.  Casey 

Kinney  of  Bureau 

Smith  of  Gallatin 

Z.  Casey 

Kinney  of  St.  Clair 

Thompson 

Colby 

Lasater 

Tutt 

Cloud 

Linley 

Wead. 

Churchill 

Loudon 

Those  voting  in  the  negative,  are, 

r.  Adams                                 Mr. 

Grimshaw 

Mr.  Nichols 

Anderson 

Harlan 

Northcott 

Armstrong 

Harvey 

Palmer  of  Marshall 

Atherton 

Hay 

Pinckney 

Blair 

Hayes 

Rives 

Brown 

Heacock 

Sharps 

Butler 

Henderson 

Stadden 

Canady 

Hoes 

Swan 

Campbell  of  McDonough 
Choate 

Holmes 
Hurlbut 

Sherman 
Servant 

Cross  of  Winnebago 

Judd 

Sibley 

Cross  of  Woodlbrd 

Knapp  of  Jersey 

Simpson 

Church 

Knapp  of  Scott 

Smith  of  Macon 

Davis  of  Montgomery 

Kenrier 

Shumway 

Davis  of  McLean 

Kitchell 

Thomas 

Dawson 

Knox 

Thornton 

Iteiiz 

Lander 

Turn  bull 

Dumrner 

Lemon 

Turner 

Duiilap 

Lock  wood 

Tuttle 

Dunn 

Loe;an 

Vance 

Dunsmore 

Me  C  lure 

Webber 

Edwards  of  Madison 

Manly 

West 

Eccles 

Marshall  of  Coles 

Williams 

Edmonton 

Mason 

Witt 

Evey 

Mieure 

W'titeside 

Graham 

Miller 

Whitney 

Geddes 

Moffett 

Wood  son 

Green  of  Jo  Daviess 

Morris 

Worcester. 

•238 


JOURNAL  OF  THE  CONVENTION.        [August 


The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  the  con- 
mittee  of  the  whole  in  the  aaiciidineiit  made  to  the  fourth  suction, 


Yeas, 


v  x  ei 
And  decided  in  the  negative,  j  -^ 

Those  voting  in  the  affirmative,  are, 


47 

80 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Brockman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Grain 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z    Casey 
Cross  of  Woodford 


Mr.  Davis  of  Massac 
Dement 
Dunsmore 
Farwell 
Geddes 

Green  of  Clay 
Gregg 
Hayes 
Henderson 
Hoes 
James 
Kreider 

Kinney  of  St.  Clair 
Lasater 
Linley 
Loudon 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Atherton 
Blair 
Blakely 
Butler 
Cahady 
Choate 
Colby 

Cross  of  VVinnebago 
Cloud 
Church 
Churchill 

Davis  of  Montgomery 
Davis  of  McLean 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Edmonson 
Evey 
Graham 

Green  of  Jo  Davieas 
Grimshaw 
Harlan 


Mr.  Harper 
Harvey 
Hatch 
Hay 

Heacock 
Hill 
Hogue 
Holmes 
Hurlbut 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
McCallen 
McClure 
Manly 

Marshall  of  Coles 
Mason 
Mieure 
Miller 
Moffett 
Morris 


Mr.  Me  Cully 
Mark  ley 
Nichols 
Oliver 
Pace 
Robinson 
Roman 
Scates 
Stadden 
Sim 

Simpson 

Smith  of  Gallatin 
Thompson 
Wead 
Williams. 


Mr.  Northcott 

Palmer  of  Marshall 

Pinckney 

Rives 

Robbins 

Rountree 

Sharpe^ 

Swan 

Spencer 

Sherman 

Servant 

Sibley 

Smith  of  Macon 

Shumway 

Thomas 

Thornton 

Turnbull 

Turner 

Tutt 

Tattle 

Vance 

Webber 

West 

Witt 

Whiteside 

Whitney 

Woodson 

Worcester. 


On  motion, 
The  convention  adjourned  until  3  o'clock,  r.  M. 


4.J        JOURNAL  OF  THE  CONVENTION. 


239 


T1IIIEE  O  CLOCK.  P.  M. 


The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Woodson, 

A  call  of  the  convention  was  ordered. 

When  it  appeared  that  the  following  members  were  absent,  viz: 

Messrs.  Akin,  Anderson,  Ballingall,  Campbell  of  Jo  Daviess,  Carter, 
Constable,  Dale, Dunsmore,  Frick,  Green  of  Tazewell,  Gregg,  Grimshaw, 
Harding,  Hawley,  Hoes,  Ilunsaker,  Huston,  Jackson,  Jenkins,  Jones, 
Judd,  Knowlton,  Laughlin,  Linley,  Lockwood,  McIIatton,  Marshall  of 
Mason,  Mason,  Matheny,  Mieure,  Minshall,  Moore,  Norton,  Palmer  of 
'Macoupin,  Peters,  Powers,  Roman,  Rountree,  Sibley,  Singleton,  Shum- 
way,  Trower,  and  Vernor. 

On  motion  of  Mr.  Shumway, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  pending  when  the  convention  adjourned  this  fore  noon,  was 
pn  concurring  with  the  committee  of  the  whole  in  striking  out  the  5th  and 
pth  sections  of  the  report  of  the  committee  on  Incorporations;  which 

as   taken,  by  yeas  and  nays, 


I  Yeas 
And   decided   in  the  negative,         iv  '  a* 

Those  voting  in  the  affirmative,  are, 


56 
69 


Akin 

Mr.  Dunlap 

Mr.  Manly* 

Allen 

Dunn 

Markley 

Archer 

Dunsmore 

Nichols 

Atherton 

Edmonson 

Oliver 

Blair                             O" 

Evey 

Pace 

Blakely 

Farwell 

Pratt 

Brockman 

Green  of  Clay 

Robinson 

Bond 

Harper 

Roman 

Bosbyshell 

Hayes 

Scates 

Bunsen 

Heacock 

Stadden 

Butler 

Henderson 

Sim 

Grain 

Kreider 

Simpson 

Caldwell 

Kinney  of  St.  Clair 

Smith  of  Gallatin 

F.  S.  Casey 

K'itchell 

Thompson 

Z.  Casey 

Lasater 

Wead 

Colby    " 

London 

Webber 

Davis  of  Montgomery 

Me  Call  en 

Williams 

Davis  of  Massac 

McCully 

Worcester. 

Dement 

McClure 

Those  voting  in  the  negative,  are, 


tfr.  Adams 


Anderson 

Armstrong 

Canady 

Campbell  of  McDonough 

Carter 

Choate 

Cross  of  Winnebago 


Mr.  Cross  of  Woodford 
Cloud 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dummer 


Mr.  Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Graham 
Geddes 

Green  of  Jo  Daviesa 
Grimshaw 
Harlan 


240 


JOURNAL  OF  THE  CONVENTION.        [August  4. 


Mr.  Harvey 
Hatch 
Hay 
Hill 
Hogue 
Holmes 
Hurlbut 
Jatne? 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Knox 
Lander 
Lemon 


Mr.  Lockwood 
Logan 

Marshall  of  Coles 
Mieure 
Miller 
Moffett 
Morris 
JNorthcott 
Palmer  of  Marshall 
Pinckney 
Rives 
Robbins 
Swan 
Shields 
Spencer 


Mr.  Sherman 
Servant 
Sibley 

Smith  of  _Macon 
Thomas 
Thornton 
Turnbull 
Turner 
Tutt 
luttle 
Vance 
Witt 

Whiteside 
Whitney 
Woodson. 


Mr.  Dunlap  moved  to  amend  the  report  of  the  committee  on  Incorp 
rations  by  striking  out  all  after  the'third  section,  and  by  inserting  in  H< 
thereof  the  following: 

"  No  act  of  the  legislature  granting  any  special  character  of  incorp 
ration  for  banking  purposes,  nor  any  general  acr  of  incorporation  for  su< 
purposes,  shall  be  in  force  or  of  any  effect  unless  the  same  shall,  at  the  ne 
general  election  after  its  passage,  be  submitted  to  the  people,  nor  unle 
a  majority  of  those  voting  for  and  against  it  be  cast  in  iavor  of  the  act 

Mr.  Scales  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Armstrong  moved  to  amend  the  amendment,  by  adding  thereto  ti 
following: 

Ci  Provided,  that  should  there  be  banks  in  this  state,   they  shall  be  r 

quired  to  redeem  their  notes  at  par  in  the   cities  of  Alton  and   Chicag 

and  a  failure  to  do  so  shall  work  a  forfeiture  of  their  charter." 

On  motion  of  Mr.  McCallen, 


The  proviso  was  laid  on  the  table,      \' 


Those  voting  in  the  affirmative,  are, 


9-1 
40 


Mr.  Adams 
Anderson 
Blair 

Bosbyshell 
Canady 
Caldwell 

Cross  of  Winnebago 
Cloud 
Church 

Davis  of  Montgomery 
Davii  of  McLean 
Davis  of  Massac 
Dawson 
Deitz 
Dement 
Dumrner 
Dunlap 
Dunn 
Dunsmore 
Edwards  of  Madison 


Mr.  Edwards  of  Sangamon 
Ecclea 
Fdmonson 
Evpy 
Graham 
Geddes 

Green  of  Clay 
Green  of  Jo  Daviess 
Grirnshaw 
Harlan 
Harper 
Harvey 
Hatch 
Hay 

Heacock 
Henderson 
Hogue 
Holmes 
Hurlbut 
Judd 


Mr.  Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
London 
McCallen 
McClure 
Manly 

Marshall  of  Colei 
Mason 
Mieure 
Miller 
Molfett 
'  Morris 


August  4.]         JOURNAL  OF  THE  CONVENTION. 


241 


Mr.  Nichols 
Northcott 

Palmer  of  Marshall 
Pratt 
Pinckney 
Rives 
Robbins 
Robinson 
Swan 
Spencer 


Mr.  Sherman 
Servant 
Sibley 
Sim 

Simpson 

Smith  of  Gallatin 
Smith  of  Macon 
Thomas 
Thornton 
Turnbull 


Mr.  Turner 
Tutt 
Tuttle 
Vance 
Webber 
West 
Williams 
Whitney 
Woodson 
Worcester. 


Those  who  voted  in  the  negative,  are, 


Mr.  Akin  Mr.  Z.  Casey  Mr.  Markley 

Allen  Choate  Oliver 

Archer  Colby  Pace 

Armstrong  Cross  of  Woodford  Roman 

Atherton  Churchill  Roantree 

Blakely  Farwell  Scates 

Brockman  Hayes  Stadden 

Bond  Hill  Shields 

Bunsen  James  Shumway 

Butler  Kreider  Thompson 

Crain  Kinney  of  St.  Clair  Wead 

Campbell  of  McDonough          Lasate'r  Witt 

Carter  McCully  Whiteside. 
F.  S.  Casey 

Mr  Hayes  moved  to  amend  the  amendment  by  striking  out  the  words 
for  and  against  it  be  cast,"  and  by  inserting  in  lieu  thereof  the  words 
;  at  such  election  vote." 

Mr.  Hurlbut  called  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  then  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative, 


Those  voting  in  the  affirmative,  are, 


72 

60 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Atherton 
Bliir 
Blakely 
Brockman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Butler 
Crain 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Colby 

Cross  of  Woodford 
Cloud 
Churchill 

16 


Mr.  Davis  of  Montgomery 
Davis  of  Maosac 
Dement 
Dunn 
Edmonson 
Evey 
Farwell 

Green  of  Jo  Daviess 
Greg? 
Harvey 
Hatch 
Hayes 
Heacoek 
Henderson 
Hill 
Hoes 
Hogue 
Jam^s 
Kreider 

Kinney  of  St.  Clair 
Lasater 
London 
McCully 
McClure 


Mr.  Manly 
Markley 
Moffett 
Morris 
Nichols 
Oliver 
Pace 
Robinson 
Roman 
Rountree 
Scales 
Sharpe 
Stadden 
Shields 
Sim 

Simpson 

Smith  of  Gallatin 
Sb  urn  way 
Tutt 
Vance 
Wead 
Webber 
Whiteside 
Whitney. 


242 


JOURNAL  OF  THE  CONVENTION.        [August  4. 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Anderson 
Canady 

Cross  of  Winnebago 
Church 

Davis  of  McLean 
Dawson 
Deitz 
Bummer 
Dunlap 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Graham 
Geddes 
Green  of  Clay 
Grimshaw 
Harlan 
Harper 


Mr.  Hay 
Holmes 
Hurlbut 
Judd 

Knappof  Jersey 
Knapp  of  Scott 
Keener 

Kinneyof  Bureau 
Kitchell 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
McCallen 
Marshall  of  Coles 
Mason 
Mieure 
Miller 
Northcott 


Mr.  Palmer  of  Marshall 
Pinckney 
Rives 
Robbins 
Swan 
Spencer 
Sherman 
Servant 
Sibley 

Smith  of  Macon 
Thomas 
Thornton 
Turnbull 
Turner 
Tuttle 
West 
Williams 
Witt 
Woodson 
Worcester. 


The  question  was  taken,  by  yeas  and  nays,  on  inserting  the  words  " 
such  election  vote," 


And  decided  in  the  affirmative, 


(IN  ays, 


92 
40 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen      > 
Archer 
Armstrong 
Athenon 
Blair 
Blakely 
Brockman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Butler 
Grain 
Cal  dwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Colby 

Cross  of  Woodford 
Cloud 
Churchill 

Davis  of  Montgomery 
Davis  of  Massac 
Dement 
Dunlap 
Dunn 
Eccles 
Edmonson 


Mr.  Evey 
Farwell 
Graham 
Green  of  Clay 
Green  of  Jo  Daviess 
Gregg 
Grimshaw 
Harvey 
Hatch 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Hogue 

Knapp  of  Scott 
Kreider 

Kinney  of  St.  Clair 
Kitchell 
Knox 
Lasater 
Lockwood 
Logan 
Loudon 
McCallen 
Me  Cully 
Me  C  lure 
Manly 
Markley 
Mason 
Moffett 


Mr.  Morris 
Nichols 
Oliver 
Pace 

Palmer  of  Marshall 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Sharpe 
Stadden 
Shields 
Sherman 
Sim 

Simpson 

Smith  of  Gallatin 
Shurnway 
Thornton 
Tutt 
Vance 
Wead 
Webber 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 


August  4]        JOURNAL  OP  THE  CONVENTION. 

Those  voting  in  the  negative,  are, 


243 


Mr.  Adams 
Anderson 
Canady    i 

Cross  of  Winnebag« 
Church 

Davis  of  McLean 
Dawson 
Deitz 
Dummer 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Geddeg 
Harlan 


Mr.  Harper 
Hay 
Holmes 
Hurl  but 
James 
Judd 

Knapp  of  Jersey 
Kenner 

Kinney  of  Bureau 
Lander 
Lemon 

Marshall  of  Colea 
Mieure 


Mr.  Miller 

North  cott 

Pinckney 

Rivesj 

Swan 

Spencer 

Servant          *& 

Sibley 

Smith  of  Macon 

Thomas     ^ 

Turnbull 

Turner 

Tuttle. 


Mr.  Wead  moved  that  the  convention  adjourn. 
The  question  was  taken,  and  decided  in  the  negative, 
The  question  was  taken,  by  yeas  and  nays,  on  inserting 
ment,  as  amended, 


the  amend- 


And  decided  in  the  negative,         s^ 

^[\ays, 

Those  voting  in  the  affirmative,  are, 


66 
bo 


Mr.  Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Brown 
Canady 

Campbell  of  McDonough 
Choate 
Colby 
Cloud 
Churchill 

Davis  of  Montgomery 
Dawson 
Dement 
Dunlap 
Dunn 

Edwards  of  Sangamon 
Eccles 
Edmonson 
Evey 
Graham 


Mr.  Green  of  Clay 

Green  of  Jo  Daviess 

Gregg 

Gnmsha^r 

Harlan 

Harper 

Harvey 

Hatch 

Hay 

Hayes 

Heacock 

Henderson 

Hill 

Hogue 

Knapp  of  Scott 

Kitchell 

Knox 

London 

McCallen 

McClure 

Manly 

Mason 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Brockman 
Bond 

Bosbyshell 
Bunsen 


Mr,?Butler 
Grain 
Caldwell 
Carter 
F.  S.  Casey 
Z.  Caser 

Cross  of  Winnebag« 
Cross  of  Woodford 


Mr.  Moffett 
Morris 
Nichols 

Palmer  of  Marshall 
Robbins 
Robinson 
Rountree 
Shields 
Spencer 
Simpson 
Smith  of  Macon 
Shumway 
Thornton 
Tutt 
Vance 
Webber 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 


Mr.  Church 

Davis  of  McLean 

Davis  of  Massac 

Deitz 

Dummer 

Dunsmore 

Edwards  of  Madison 

Farwtll 


JOURNAL  OF  THE  CONVENTION.        [August  4, 

Mr.  Geddea  Mr.  Lockwood  Mr   Sbarpe 

Hoes  Lo^an  Stadden 

Holmes  McCully  Swan 

Hurlbut  Markley  Sherman 

James  Marshall  of  Coles  Serrant 

Judd  Mieure  Sibley 

Knapp  of  Jersey  Miller  Sim 

Kreider  Northcott  Smith  of  Gallati» 

Kenner  Oliver  Thomas 

Kmney  of  Bureau  Pace  Turnbull 

Kinney  of  St.  Clair  Pinckney  Turner 

Lander  Rives  luttle 

Lasater  Roman  Wead 

Lemon  Scates  West. 

Mr.  Davis  of  Montgomery  moved  to  reconsider  the  vote  just  taken; 
which  motion  lies  over  one  day. 

On  motion  of  Mr.  Edwards  of  Madison, 

The  rule  was  temporarily  suspended,  when  he,  from  the  select  commit- 
tee of  twenty-seven,  to  which  was  referred  the  report  of  the  committee 
of  the  whole  convention  on  the  report  of  the  committee  on  the  Judiciary 
Department,  together  with  the  reports  of  the  minorities,  and  the  substi- 
tute proposed  by  Mr.  Rountree,  made  the  following  report: 

ARTICLE  — . 

SECTION  1.  The  judicial  power  of  this  state  shall  be  and  is  hereby  vest- 
ed in  one  supreme  court,  in  circuit  courts,  in  county  courts,  and  in  justices 
of  the  peace. 

SEC.  *J.  The  supreme  court  shall  consist  of  three  judges,  any  two  ol 
whom  shall  form  a  quorum;  and  the  concurrence  of  two  of  said  judges 
shall  in  all  cases  be  necessary  to  a  decision. 

SEC.  3.  The  state  shall  be  divided  into  three  grand  divisions,  as  near- 
ly equal  as  may  be,  and  the  qualified  electors  of  each  division  shall  elect 
one  of  the  said  judges  for  the  term  of  nine  years;  Provided,  that  after  the 
first  election  of  such  judges  the  legislature  may  have  the  power  to  provide 
by  law  for  their  election  by  the  whole  state,  or  by  divisions  as  it  may  deem 
most  expedient. 

SEC.  4.  The  office  of  one  of  said  judges  shall  be  vacated,  after  the  first 
election  held  under  this  article,  in  three  years,  of  one  in  six  years,  and  o 
one  in  nine  years,  to  be  decided  by  lot,  that  one  of  said  judges  shall  be 
elected  once  in  every  three  years,  the  judge  having  the  longest  term  to 
serve  shall  be  the  first  chief  justice,  after  which  the  judge  having  the  old- 
est commission  shall  be  chief  justice. 

SEC.  5.     The  supreme  court  may  have  original  jurisdiction  in  rnses  re- 
lative to  the  revenue,  in   cases  of  mandamus,  habeas  corpus,  and  in  such 
cases  of  impeachment  as  may  be  by  law  directed    to  be  tried  before  it 
and  shall  have  appellate  jurisdiction  in  all  other  cases. 

SEC.  G.  The  supreme  court  shall  hold  at  least  one  term  annually  in 
«ach  of  the  aforesaid  grand  divisions,  at  such  times  and  places  as  the  gen- 
eral assembly  shall  by  law  direct;  Provided,  however,  that  the  general  as- 
sembly may,  after  the  year  eighteen  hundred  and  fifty,  direct  by  law  thai 
the  said  court  shall  be  held  at  one  place  only. 


August  4.]         JOURNAL  OP  THE  CONVENTION.  245 

SEC.  7.  The  state  shall  be  divided  into  twelve  judicial  districts,  in  each 
of  which  one  circuit  judge  shall  be  elected  by  the  qualified  electors  there- 
of, who  shall  hold  his  office  for  the  term  of  six  years,  and  until  his  succes- 
sor shall  be  commissioned  and  qualified;  Provided,  that  the  legislature 
may  increase  the  number  of  circuits  to  meet  the  future  exigencies  of  the 
state. 

SEC.  8.  There  shall  be  two  or  more  terms  of  the  circuit  court  held  an- 
nually in  each  county  of  this  state,  at  such  times  as  shall  be  provided  by 
law,  and  said  courts  shall  have  jurisdiction  in  al!  cases  at  law  and  equity, 
and  in  all  cases  of  appeals  from  all  inferior  courts. 

SEC.  9.     All  vacancies  in  the  supreme  and  circuit  courts  shall  be  filled 
by  election  as  aforesaid;  Provided,  however,  that  if   the   unexpircd   term 
does  not  exceed  one  year,  such  vacancy  may  be   filled    by   executive  ap- 
i  pointment. 

SEC.  10.  The  judges  of  the  supreme  court  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum,  payable  quarterly,  and  no  more.  The 
judge5?  of  the  circuit  courts  shall  receive  a  salary  of  one  thousand  dollars, 
payable  quarterly,  and  no  more.  The  judges  of  the  supreme  and  circuit 
courts  shall  not  hold  any  other  office  or  public  trust  in  this  state,  nor  the 
United  States,  during  the  term  for  which  they  are  elected,  nor  for  one  year 
thereafter.  All  votes  for  either  of  them  for  any  elective  office,  (  except 
that  of  judge  of  the  supreme  or  circuit  court)  given  by  the  general  assem- 
bly or  the  people,  shall  be  void. 

SEC.  1 1.  No  person  shall  be  eligible  to  the  office  of  judge  of  any  court 
of  this  state  who  is  not  a  citizen  of  the  United  States,  and  who  shall  not 
have  resided  in  this  state  two  years  next  preceding  his  election,  and  who 
shall  not  at  the  time  of  his  election  reside  in  the  division,  circuit,  or  coun- 
ty in  which  he  phall  be  elected.  Nor  shall  any  person  be  elected  judge  of 
the  supreme  court  who  shall  be,  at  the  time  of  his  election,  under  the  age 
of  thirty-five  yeais.  wVnd  no  person  shall  be  eligible  to  the  office  of  judge 
of  the  circuit  court  until  he  shall  have  attained  the  age  of  thirty  years. 

SEC.  12.  Any  judge  of  the  supreme  or  circuit  court  may  be  removed 
from  office  by  address  of  both  houses  of  the  general  assembly,  if  two- 
thirds  of  all  the  members  elected  of  each  house  concur  therein. 

SEC.  13.  There  shall  be  in  each  county  a  court  to  be  called  a  county 
court. 

SEC.  14.  One  county  judge  shall  be  elected  by  the  qualified  voters  of 
each  county,  who  shall  hold  his  office  for  four  years,  and  until  his  succes- 
sor is  elected  and  qualified. 

SEC.  15.  The  jurisdiction  of  said  court  shall  extend  to  all  matters  of 
probate,  with  such  other  jurisdiction  as  the  legislature  may  confer  in  civil 
cases,  and  such  criminal  cases  as  may  be  prescribed  by  law,  where  the 
punishment  is  by  fine  only;  not  exceeding  one  hundred  dollars. 

SEC.  16.  The  county  judge,  with  two  or  more  justices  of  the  peace,  to 
be  designated  by  law,  shall  hold  terms  for  the  transaction  of  county  busi- 
ness, and  shall  perform  such  other  duties  as  the  general  assembly  shall  pre- 
scribe; Provided,  that  the  legislature  may  require  that  the  two  justircs,  to 
be  chosen  as  may  be  provided  by  law,  shall  sit  with  the  judge  in  all  cases. 

SEC.  17.     There  shall  be  elected  biennially  in  each  county,  a  clerk  of 


146  -  JOURNAL  OF  THE  CONVENTION.        [August  4. 

the  county  court,  who  shall  be  ex  officio  recorder,  whose  compensation 
shall  be  fees. 

SEC.  18.  The  general  assembly  shall  provide  for  the  compensation  of 
the  county  judge, 

SEC.  19.  There  shall  be  elected  in  each  county  in  this  state  by  the 
qualified  electors  thereof,  a  competent  number  of  justices  of  the  peace, 
who  shall  hold  their  office  for  the  term  of  four  years,  and  until  their  suc- 
cessors shall  be  elected  and  qualified,  and  who  shall  perform  such  duties, 
receive  such  compensation,  and  exercise  such  jurisdiction  (  not  exceeding 
one  hundred  dollars)  as  may  be  prescribed  by  law. 

SEC.  20.  There  shall  be  elected  by  the  qualified  electors  of  this  state 
one  attorney  general,  who  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  shall  be  commissioned  and  qualified.  He  shall  per- 
form such  duties  and  receive  such  compensation  as  may  be  prescribed  by 
law. 

SEC.  21.  There  shall  be  elected  in  each  of  the  judicial  circuits  of  this 
state,  by  the  qualified  electors  thereof,  one  prosecuting  attorney,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  until  his  successor  shall 
be  commissioned  and  qualified,  who  shall  perform  such  duties  and  receive 
such  compensation  as  may  be  prescribed  by  law. 

SEC.  22.  The  qualified  electors  of  each  county  in  this  state  shall  elect 
a  clerk  of  the  circuit  court,  who  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  shall  be  commissioned  and  qualified,  who 
shall  perform  such  duties  and  receive  such  compensation  as  may  be  pre- 
scribed by  law.  The  clerk  of  the  circuit  court  in  the  county  where  the 
supreme  court  shall  sit,  shall  be  clerk  of  the  supreme  court. 
On  motion  of  Mr.  Edwards  of  Madison, 

The  reading  of  the  report  was  dispensed  with,  and  the  same  laid  on  the 
table,  and  250  copies  ordered  to  be  printed  for  the  use  of  the  convention. 

Under  acontinued  suspension, 

Mr.  Dement,  from  a  minority  of  the  same  select  committee  of  twenty- 
even,  submitted  the  following  report: 

9 

ARTICLE  — . 

SECTION  1.  The  judicial  power  of  the  state  shall  be  vested  in  one  su- 
prerne  court,  in  circuit  courts,  and  such  inferior  courts  as  the  legislature 
shall  from  time  to  time  ordain  and  establish. 

SEC.  2.  The  supreme  court  shall  have  appellate  jurisdiction  only,  ex- 
cept in  cases  relating  to  the  revenue,  and  power  to  issue  writs  of  habeas 
corpus,  mandamus,  prohibition*  quo  w.irranto,  informations  in  the  nature  of 
writs  of  quo  warranta,  and  certiorari*  and  to  hear  and  determine  the  same, 
and  in  such  cases  of  impeachments  as  may  be  required  to  be  tried  before  it. 

SEC.  3.  The  supreme  court  shall  consist  of  one  chief  justice  and  two 
associate  justices,  who  shall  be  not  less  than  thirty-five  years  of  age,  and 
shall  receive  a  salary  of  twelve  hundred  dollars  per  annum,  each,  and  no 
more,  payable  quarterly. 

SEC.  4.  The  state  shall  be  divided  into  three  districts,  as  nearly  equal 
in  population  as  may  be.  The  justices  of  the  supreme  court  shall  be  elec- 


August  ±.~]        JOURNAL  OF  THE  CONVENTION.  24? 

ted  by  the  qualified  electors  of  the  state,  one  of  whom  shall  be  elected 
from  and  reside  in  each  district.  The  first  election  shall  be  held  on  the 

lirst  Monday  of  — ,  after   the   adoption   of  this  constitution,  returns 

whereof  shall  be  made  to  the  secretary  of  state,  who  shall  count  the  same 
in  the  presence  of  the  governor  and  auditor,  or  either  of  them;  the  three 
persons  having  the  highest  number  of  votes  shall  he  elected. 

SEC    5.     The  secretary  of  state  shall,  in  the  presence  of  the  same  per-- 
son  or  persons,  draw  the  names  of  the  said  justices  by  lot;  the  justice  whose 
name  is  first  drawn  shall  be  chief  justice,  and  hold  his  office  for  six  years; 
the  second  drawn  shall  hold  his  office  four  years,  the  other,  two  years,  and 
each  until  his  successor  is  commissioned  and  qualified.     On  the  first  Mon- 

•  day  of  March,  one  thousand  eight  hundred  and  fifty-one,  the  second  elec- 
tion shall  be  held  for  one  justice  of  the  supreme  court,  who  shall  hold  his 

•  office  six  years,  and  until  his  successor  is  qualified.     And  forever  thereaf- 
ter an  election   shrill   be  held  every  two  years  for  one  justice  of  the  su- 
preme court.     After  the  term  of  the  first  chief  justice  expires,  the  justice 
oldest  in  commission  shall  be  chief  justice. 

SEC.  6.  One  term  of  the  supreme  court  shall  be  held  annually  in  each 
judicial  circuit,  at  such  time  and  place  as  shall  be  provided. 

SEC.  7.  There  shall  be  nine  judicial  circuits,  which  may  be  increased 
from  time  to  time  as  the  legislature,  may  provide. 

SEC.  8.  The  first  election  for  justices  of  the  supreme  court,  and  on 
the  first  Monday  of  March,  1855,  and  on  the  first  Monday  of  March,  eve- 
ry six  years  thereafter,  the  qualified  electors  of  each  judicial  circuit  shall 
elect  a  judge  for  said  circuit,  who  shall  be  not  less  than  thirty  years  of  age, 
and  resident  in  said  circuit;  returns  whereof  shall  be  made  and  canvas- 
sed as  provided  in  section  four.  They  shall  hold  their  office  for  six  years, 
and  until  their  successors  are  qualified:  and  each  shall  receive  a  salary  of 
one  thousand  dollars  per  annum,  and  no  more,  payable  quarterly. 

SEC.  9.  The  gov&rnor  shall  fill,  by  appointment,  all  vacancies  that  may 
happen  in  the  supreme  or  circuit  courts  within  one  year  of  the  expiration 
of  the  term,  otherwise  he  shall  issue  a  writ  for  a  special  election,  returns 
whereof  shall  be  made  and  canvassed  as  provided  in  section  four. 

SEC.  10.  No  person  holding  an  office  of  honor,  trust,  or  profit,  under 
the  government  of  the  United  States  or  this  state,  shall  be  eligible  to  a 
judicial  office  in  a  court  of  record  during  the  time  for  which  he  was  ap- 
pointed to  said  office.  Nor 'shall  any  jusiice  or  judge  of  the  supreme  or 
circuit  courts  be  eligible  to  any  other  than  a  judicial  office  during  the  time 
for  which  he  may  have  been  elected  or  appointed. 

SEC.  11.  For  any  reasonable  cause,  which  shall  not  be  sufficient 
ground  for  impeachment,  both  justices  and  judges  shall  be  removed  from 
office  on  the  vote  of  two-thirds  of  the  members  elected  to  each  branch  of 
the  general  assembly;  Provided  always,  that  no  member  of  either  house 
of  the  general  assembly  shall  be  eligible  to  fill  the  vacancy  occasioned 
by  such  removal ;  Provided,  G/.VO,  that  no  removal  shall  be  made  unless  the 
party  complained  of  shall  have  been  served  with  a  copy  of  the  com- 
plaint against  him,  and  shall  have  an  opportunity  of  being  heard  in  his 
defence. 

SEC.  12.  The  governor  shall  con-mission  the  justices  and  judges  for  the 
term  as  provided  in  this  article. 


248  JOURNAL  OF  THE  CONVENTION,          [August  4. 

SEC.  13*  Two  or  more  terms  of  the  circuit  court  shall  be  held  annually 
in  each  county. 

SEC.  14.  At  the  first  election  of  justices  of  the  supreme  court,  and  on 
the  first  Monday  of  March,  1853,  and  every  four  years  thereafter,  a  clerk 
of  the  circuit  court  of  each  county  shall  be  elected  by  the  qualified  voters 
thereof. 

SEC.  15.  The  clerk  of  the  circuit  court  of  the  county  in  which  the 
supreme  court  shall  sit,  shall  be  clerk  of  the  supreme  court  for  that  judi- 
cial district. 

SEC.  16.  A  competent  number  of  justices  of  the  peace  shall  be  elec- 
ted by  the  people  in  each  county,  in  such  manner  as  the  general  assembly 
may  direct;  whose  term  of  service,  powers,  and  duties,  shall  be  regulated 
and  defined  by  law,  with  jurisdiction  not  exceeding  one  hundred  dollars. 
They  shall  be  commissioned  by  the  governor. 

SEC.  17.  At  the  first  election  of  justices  of  the  supreme  court,  and  on 
the  first  Monday  of  March,  1851,  and  every  two  years  thereafter,  an  attor- 
ney general  shall  be  elected  by  the  electors  of  the  state,  who  shall  be  com- 
missioned by  the  governor,  hold  his  office  two  years,  and  receive  an  an- 
nual salary  of  three  hundred  dollars,  payable  quarterly,  arid  whose  duties 
shall  be  prescribed  by  law. 

SEC.  18.  At  the  first  election  for  judge  of  the  circuit  court,  and  on  the 
first  Monday  of  March,  1851,  and  every  two  years  thereafter,  there  shall 
be  elected  by  the  voters  of  each  circuit,  a  state's  attorney,  who  shall  be 
commissioned  by  the  governor,  hold  his  office  for  two  years,  and  receive 
an  annual  salary  of  two  hundred  dollars,  payable  quarterly,  and  whose 
duties  shall  be  prescribed  law. 

SEC.  19.  All  process,  writs  and  other  proceedings  shall  issue  in  the 
name  of  "the  people  of  the  state  of  Illinois."  All  prosecutions  shall  be 
carried  on  "in  the  name  and  by  the  authority  of  the  people  of  the  state  of 
Illinois,"  and  conclude,  "against  the  peace  and  dignity  of  the  same." 

The  reading  thereof  was  dispensed  with. 
On  motion  of  Mr.  Dement, 

The  same  was  laid  on  the  table,  and  two  hundred  and  fifty  copies  or- 
dered to  be  printed  for  the  use  of  the  convention. 

Under  a  continued  suspension, 

Mr.  Dawson,  for  Mr.  Minshal],  one  of  the  minority  of  said  select  com- 
mittee, submitted  the  following: 

ARTICLE  — . 

1.  The  supreme  court  shall   consist  of  a  chief  justice  and  three  asso- 
ciates, any  two  of  who  shall  form  a  quorum,  and  this  number  of  judges 
shall  not  be  increased  or  diminished,  and  shall  have  appellate  jurisdiction 
only,  except  in  cases  relating  to  the  revenue,  cases  of  mandamus,  and  in 
such  cases  of  impeachment  as  may  be  required  to  be  tried  before  it. 

2.  There  shall  be judicial  circuit  courts,  which  may  be  increased 

from  time  to  time  as  the  legislature  may  provide,  and    in   no   case    shall 
the  legislature,  after  the  creation  of  (he  circuit   courts,  be  permitted    to 
abolish  the  same,  or  require  the  judges  thereof  to  perform  the  duties  of 
supreme  judge,  nor  shall  the  supreme  judges  be  required   to  perform  the 


August  4.]          JOURNAL  OF  THE  CONVENTION.  249 

duties  of  circuit  judges,  but  the  two  courts  shall  forever  hereafter  be  kept 
separate  and  distinct  departments  in  the  judiciary  of  this  state. 

3.  The  qualified  electors  of  each  judicial  circuit  shall  elect  a  judge  for 
•such  circuit,  who  shall  be  not  less  than  thirty-five  years  of  age,    resident 

in  said  circuit,  shall  hold  their  office  for  six  years,  and   until  their  succes- 
sors shall  be  elected  and  qualified,   and  there    shall   beholden   in    each 
county  of  the  judicial  circuits  at  least  two  terms  of  the  circuit  court~arh 
I  Dually,  and  as  many  more  as  may  be  required  by  law, 

4.  For  the  purpose  of  constituting  the  supreme  court,    the  state    shall 
be  divided  into  four  equal  divisions  as  near  as  practicable,  and  the    quali- 

jfied  electors  of  such  divisions  shall  elect  from  each  of  said  divisions  one 
>f  the  justices  of  the  supreme  court,  who  when  elected  shall  be  commis- 
ioned  by  the  governor,  and  hold  his  office  for  the  term  of  eight  years, 
nd  until  his  sjccessor  shall  be  elected  and  qualified. 

5.  There  shall  be  holden  annually  one   term  of  the  supreme  court   in 
each  judicial  circuit,  at  such  time  and  place  as  may  be  provided  by  law,  for 
•vhich    purpose,    the  justices  of   the   supreme   court  may  divide  the  state 
nto  two  divisions, as  nearly  equal  as  may  be,   within  which  divisions  any 
woof  the  suprerne  judges  may  hold  said  term  of  the  supreme  court  in 
he  judicial  circuits. 

6.  There  shall  be  holden  by  the  four  justices  of  the  supreme  court,  or  a 
majority  of  them,  one  term  of  the  supreme  court  annually  at  the  sea"t  of 
government,  for  adjudicating  and  determining  all  matters  of  law  and  equity 

which  may  be  brought  before  them,  by  reason  of  any  division  of  opinion 
etween  the  judges  in  matters  of  law,  arising  on  the  trial  of  causes  in  the 
upreme  court  in  the  judicial  circuits,  and  all  such  matters  of  law  and 
iquity  as  may  be  required  of  them  by  the  general  assembly. 

7.  At  the  first  election  of  the  supreme  judges  under  this    constitution, 

he  judges  shall their  term  of  office  by  lot,  in  manner  following:  the 

ecretary  of  state  shalj^deposite  in  a  box,  to  be  provided  for  that  purpose, 
bur  tickets,  on  one  of  which  shall  be  written  the  words  "two  years,"  one 
other  the  words  "four  years,"  on  one  other  the  words  "six   years,"  and 
>n  the  other  the  words  "eight  years."  And  the  judges  shall  proceed  in  the 
irescnce  of  the  secretary  to   draw    separately    the   tickets  so  deposited. 

The  judge  who  draws  the  ticket  whereon  is  written  the  words  "two  years," 
hall  hold  his  office  for  the  term  of  two  years.  The  judge  who  draws  the 
iclcet  whereon  is  written  the  words  "four  years,"  shall  hold  his  office  for 
he  term  of  four  years.  The  judge  who  draws  the  ticket  whereon  is 
written  the  words  "six  years,"  sha'1  hold  his  office  for  the  term  of  six 
rears,  And  the  judge  who  draws  the  ticket  whereon  is  written  the 
ifords  "eight  years,"  shall  hold  his  office  for  the  term  of  eight  years,  and 
hall  be  Ihe  chief  justice.  Thereafter  an  election  shall  be  holden  every 
wo  years  in  such  district  in  which  a  vacancy  shall  occur  by  the  expira- 
ion  of  the  respective  terms  of  the  judges  on  the  first  Monday  in  March, 
or  one  justice  of  the  supreme  court,  who  shall  hold  his  office  for  the  term 
if  eight  years,  and  until  his  successor  shall  be  elected  and  qualified.  After 
he  term  of  the  firsi  chief  justice  expires,  the  judge  oldest  in  commission 
hall  be  the  chief  justice. 

8.  No  person  holding  a»  office  of  honor,  trust,  or  profit   under  the 
jovernment  of  the  United  States  or  this  state,  shall  be    eligible  to  a  judi- 


250  JOURNAL  OF  THE  CONVENTION.         [August  5. 

cial  office  in  a  court  of  record,  during  the  time  for  which  he  may  have 
been  elected  or  appointed.  Nor  shall  any  judge  of  the  supreme  or  circuit 
court  be  eligible  to  any  other  than  a  judicial  office  during  the  time  fur 
which  he  may  have  been  elected  or  appointed. 

9.  The  judges  of  the  supreme  court  respectively  shall   be  allowed    the 

sum  of  twelve  hundred  dollars  annually,  payable  quarterly,  and  the  circuit 

"judges  shall   be  allowed  each   the  sum  of    one  thousand  dollars  annually, 

payable  quarterly,  for  their  salary;  which  salary  shall  not,  in  either  case, 

be  increased  or  diminished. 

The  reading  wasd'-spensed  with. 
On  motion  of  Mr.  Dawson, 

The  report  was  laid  on  the  table,  and  250  copies  ordered  to  be  printed 
for  the  use  of  the  convention,  with  the  majority  and  minority  reports. 
On  motion  of  Mr.  Dawsor, 

Leave  of  absence  was  granted  to  Mr.  Minshall  for  ten  days. 
^rMr.  Logan  moved  to  reconsider  the  votes  taken  on  Mr.  Hayes'  amend- 
ment to  the  proposition  offered  this  afternoon  by  Mr.  Dunlap. 

Which  lies  over  one  day. 

Mr.  Kenner  moved  to  reconsider  the  vote  taken  on  striking  out  all  after 
the  third  section. 

Which  lies  over  one  day. 
On  motion, 

The  convention  adjourned. 

*"  V     -OF  TH* 

UNIVEBS- 
THURSDAY,  AUGUST  5,  1847. 

The  convention  met  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  Brown, 

Leave  of  absence  was  granted  to  Mr.  Wead  for  ten  days. 

Mr.  Z.  Casey  moved  to  amend  the  17th  rule  by  striking  out  all  after 
the  word  "convention." 

The  question  was  taken,  and  decided  in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  the  motion  of  Mr.  Davis 
of  Montgomery,  to  reconsider  the  vote  taken  yesterday  on  the  amend- 
ment offered  by  Mr.  Dunlap, 

And  decided  in  the  negative,  <  ^eaS'  '  »n 

/  i\  ays«   .  •          .          .          *          /u 


Those  voting  in  the  affirmative,  are, 

Mr  Allen  Mr.  Colby                                   Mr.  Edmonson 

Archer  Cross  of  Woodford  Evey 

Armstrong  Cloud  Graham 

Atherton  Churchill  Geddes 

Blair  Davis  of  Montgomery  Green  of  Clay 

Blakely  Dement  Green  of  Jo  Daviess 

Bosbyshell  Dunlap  Gregg 

Bunsen  Dunn  Harlan 

Campbell  of  McDonough          Edwards  of  Madison  Harvey 

Choate  Eccles  Hatch 


August  5.]        JOURNAL  OF  THE  CONVENTION. 


251 


Mr.  Hayes 
Henderson 
Hill 
Hogue 

Kinney  of  St.  Clair 
Kitchell 
Lemon 
Linley 
Loudon 
McClure 
Manly 


Mr.  Miller 
Motfett 
Morris 
Nich.ls 
Northcott 
Pace 
Pratt 
Bobbins 
Robinson 
Roman 


Those  voting  in  the  negative,  are, 


Mr.  Adamt 
Akin 
Anderson 
Brookman 
Butler 
Crain 
Caldwell 
Carter 
F.  S.  Casey 
Z.  Casey 

Cross  of  Winnebago 
Church 

Davis  of  McLean 
Davis  of  Massac 
Dawson 
D.eitz 
Dummer 
Dunsmore 

Edwards  ofSangamon 
Farwell 
Grimshaw 
Harper 
Hay 


Mr.  Heacock 
Holmes 
Hurlbut 
James 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kreider 
Kenner 

Kinney  of  Bureau 
Knox 
Lander 
Lasater 
Lockwood 
Logan 
McCallen 
McCully 
Markley 

Marshall  ot  Coles 
Mason 
Mieure 
Oliver 
Pa  liner  of  Marshall 


Mr.  Sharpe 
Shields 
Simpson 
Shumway 
Thornton 
Tutt 
Webber 
Witt 
Woodson 
Worcester. 


Mr.  Pinckney 
Rives 
Rountree 
Scates 
Stadden 
Swan 
Spencer 
Sherman 
Servant 
Sibley 
Sim 

Smith  of  Oallatin 
Smith  of  Macon 
Thomas 
Thompson 
Turnbull 
Turner 
Tuttle 
Vance 
Vernor 
West 
William* 
Whiteside 


Whitney. 

Mr.  Logan  moved*  to  amend  the  report  of  the  committee  on  Incor- 
porations, by  adding  thereto  the  following: 

SEC.  4.  No  corporation  for  banking  purposes  shall  be  permitted  to 
issue  bank  notes  to  an  amount  exceeding:  three-fourths  the  amount  of 
the  capital  stock  actually  paid  in. 

SEC.  5.  No  such  corporation  shall  be  permitted  to  issue  any  bank 
notes,  unless  the  same  shall  have  been  first  countersigned  and  registered 
by  the  treasurer  of  this  state. 

SEC.  6.  No  such  notes  shall  be  issued  until  such  corporation  shall  deposit 
with  the  treasurer  the  amount  of  such  notes  in  stock  of  the  United  States, 
or  of  such  of  the  states  as  shall  for  three  years  next  preceding  have  paid 
the  interest  on  their  bonds;  Provided,  that  the  bonds  of  this  state  may  be 
received  as  such  deposit  at  such  proportion  of  their  nominal  value  as  the 
interest  paid  by  the  state  on  such  bonds,  for  the  three  years  immediately 
preceding  such  deposit,  may  bear  to  six  per  cent. 

SEC.  7.  No  bank  shall  be  permitted  to  issue  any  paper  until  one-third 
of  the  capital  stock  of  said  bank  shall  be  paid  in,  in  specie. 

SEC.  8.  In  case  of  insolvency  of  any  bank  the  bill  holders  shall  be  en- 
•titled  to  priority  in  payment. 

SE;!.  9.  Non-payment  of  specie  shall  in  all  cases  l-e  a  forfeiture  of  the 
charter,  and  the  legislature  shall  have  no  power  to  remit  said  forfeiture. 


252 


JOURNAL  OF  THE  CONVENTION.          [August  5, 


Those  voting  in  the  affirmative,  are, 


SEC.  10.  No  bank  shall  be  established  with  a  less  capital  than  one 
hundred  and  fifty  thousand  dollars,  nor  with  a  greater  capital  than  six 
hundred  thousand  dollars. 

Mr.  Gregg  moved  to  amend  the  amendment  by  adding  thereto  the  fol- 
lowing: 

**SEC.  — .  No  act  of  the  general  assembly  authorizing  corporations  or 
associations  with  banking  powers,  in  pursuance  of  the  foregoing  provisions, 
shall  go  into  effect,  or  in  any  manner  be  in  force, unless  the  same  shall  be 
submitted  to  the  people  at  the  general  election  next  succeeding  the  pas- 
sage of  the  same,  and  be  approved  by  a  majority  of  all  the  votes  cast  at 
such  election. 

Mr.  Thomas  moved  to  lay  the  amendment  to  the  amendment  on  the 
table. 

The  question  was  taken,  by  yeas  and  nays, 

And  decided  in  the  negative,  j  *$avt?  gg 


Mr.  Rives 

Swan 

Spencer 

Servant 

Sibley 

Smith  of  Macon 

Thomas 

Turn  bull 

Turner 

Tuttle 

West 

Williams 

Whitney 

Wood  son 

Worcester. 


Hogue 

James 

Knapp  of  Scott 

Kreider 

Kinney  of  St.  Clair 

Kitchell 

Lasater 

Linley 

Louden 

McCallen 

Me  Cully 

McClure 

Manly 

Markley 

Mofiett 

Morris 

Nichols 

Oliver 

Pace 

Palmer  of  Macoupin 

Palmer  of  Marshall 

Pratt 


Mr.  Anderson 
Canady 

Cross  of  Winnebago 
Davis  of  McLean 
Dawson 
Deitz 
Durnraer 
Dunsinore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Graham 
Geddes 
Harper 
Hay 
Holmes 
Hurlbut 


Mr.  Judd 

Knapp  of  Jersey 

Kenner 

Kinney  of  Bureau 

Knox 

Lander 

Lemon 

Lock  wood 

Logan 

Marshall  of  Coles 

Mason 

Mieure 

Miller 

Northcott 

Pinckney 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 

Armstrong 

Atherton 

Blair 

Blakely 

Brockman 

Bosbyshell 

Brown 

Bunsen 

Butler 

Grain 

Caldtvell 

Campbell  of  McDonough 

Carter 

F.  S.  Casey 

Z.  Casey 

Choate 

Colby 

Cross  of  Woodford 

Cloud 


Church 

Churchill 

Davis  of  Montgomery 

Davis  of  Massac 

Dement 

Dun  lap 

Dunn 

Eccles 

Edmonson 

Evey 

Farwell 

Green  of  Clay 

Green  of  Jo  Daviess 

Gregg 

Grimshaw 

Harlan 

Harvey 

Hatch 

Hayes 

Heacock 

Henderson 

Hill 


August  5.]         JOURNAL  OF  THE  CONVENTION.  253 

Mr.  Bobbins  Mr.  Shields  Mr.  Thornton 

Robin?on  Sherman  Tutt 

Roman  Sim  Vance 

Rountree  Simpson  Webber 

Scates  Smith  of  Gallatin  Witt 

Sharpe  Shumway  Whites  ide. 

Sladden  Thompson 

Mr.  Logan  withdrew  his  proposed  amendment. 

Mr.  Dement  moved  to  amend  the  report,  as  amended,  by  adding  to  it 
the  proposition  just  withdrawn  by  Mr.  Logan,  including  the  addition  pro- 
posed by  Mr.  Gregg. 

Mr.  Weodson  moved  to  amend  the  amendment  by  adding  thereto  the 
words  "for  or  against  said  law." 

On  motion  of  Mr.  Allen, 

The  rule  was  temporarily  suspended,  when  he,  from   the  committee  on 
he  Bill  of  Right",  submitted  the  following  report: 

1.  All  men  are  by  nature  free  and  independent,  and  have  certain  natu- 
•al  and  inalienable  rights;  among  which,  are  those  of  enjoying  and  defen- 
ling  life,  liberty  and  reputation,  acquiring,  possessing  and  protecting  pro- 
>erty,  and  of  pursuing  and  obtaining  safety  and  happiness. 

2.  All  political  power  is  inherent  in  the  people,  and  government  is  in- 
itituted  for  the  protection,  security  and    benefit  of  the  people,  and  they 
lave  the  right  at  all  times  to  alter  or  reform  the  same,  whenever  the  pub- 
ic good  rrmy  require  it. 

3.  No  person  shall  be  deprived   of  the  inestimable    privilege  of  wor- 
shipping Almighty  God  in  a  manner  agreeably  to  the  dictates  of  his  own 
conscience;  nor  under  any  pretence  whatever    be  compelled   to  attend 
any  place  of  worship  contrary  to  his   faith  and   judgment;   nor  shall  any 
person  be  obliged  to  pay  tithes,  taxes,  or  other  rates,  for  building  or   re- 
pairing any  church  or  churches,  place  or  places  of  worship,  or  for  the  main- 
:enance  of  any  miniateror  ministry  contrary  to  what  he  believes   to    be 
right,  or  has  deliberately  and  voluntarily  engaged  to  perform. 

4.  There  shall  be  no  establishment  of  one  religious  sect  in  preference  to 
another.     No  religious  test  shall   be  required  as  a  qualification   for  any 
office  or  public  trust,  and  no  person  shall  be  denied  the  enjoyment  of  any 
civil  right,  merely  on  account  of  his  religious  principles. 

5.  Every  person  may  freely  speak,  write  and   publish  his  sentiments  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right;  no  law  shall  be 
passed   to  restrain  or   abridge  the  liberty  of  speech  or   the  press;  in  all 
prosecutions  or  indictments  for  libel,  the  truth  may  be  given  in  evidence 
to  the  jury,  and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact,  under  the  instructions  of  the  courf,  as  in  other  cases. 

6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers 
and  effects  against  unreasonable  searches  and  seizures,  shall  not  be  viola- 
ted; and  no  warrant  shall  issue  but  upon  probable  cause,  supported  by  oath 

|  or  affirmation,  and  particularly  describing  the  place  to  be  searched,  and 
the  papers  and  things  to  be  seized. 

7.  The  right  of  trial  by  jury  shall  remain  inviolate. 

8.  The  legislature  shall  not  pass  any  ex  post  facto  law,  or  law  impair- 
ing the  obligation  of  contracts,  or  depriving  a  party  ol  any  remedy  for 
enforcing  a  contract  which  existed  when  the  constitution  was  made* 


254  JOURNAL  OF  THE  CONVENTION.        [August  5, 

9.  That  in  all  criminal    prosecutions  the  accused  hath  a  right  to  be 
heard  by  himself  and  counsel,  to  demand    the  nature  and   cause  of  accu- 
sation against  him;  to  meet  the  witnesses  face  to   face;  to   have  compul- 
sory process  to  compel  the    attendance  of  witnesses  in  his  favor,  and   in 
prosecution  by  indictment  or  information,  a  speedy  public  tiial  by  an  im- 
partial jury  of  the  county  or  district,  wherein  the  offence  shall  have  beer 
committed,  which  county  or  district  shall  have  been  previously  ascertain- 
ed by  law,  and  that,  he  shall  not  be  compelled    to   give    evidence  against 
himself. 

10.  No  person  shall  be  held  Jo  answer  for  a  criminal  offence,    unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of  im- 
peachment, or  in  cases  cognizable  by  justices  of  the  peace,  or  arising  in 
the  army  or  navy,  or  in  the   militia,  when  in  actual  service  in   time  o( 
war  or  public  danger. 

11.  No  person  shall,  after  acquittal,  be  again   tried  for  the  same  of- 
fence.    All  persons  shall,  before  conviction,  be  bailable  by  sufficient  sure- 
ties, except  for  capital  offences,  where  the  proof  is  evident  or  presump- 
tion great. 

12.  The  privilege  of  the  writ  of  habeas  corpus  shall  not   be    suspended 
unless  in  cases  of  rebellion  or  invasion,  the  public  safety  may  requite  it, 

13.  The  military  shall  be  in  strict  subordination  to  the  civil  power. 

14.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  will 
out  the  consent  of  the  owner,  nor  in  time  of  war  except  in  a  manner  pre 
scribed  by  law. 

15.  Treason  against  the  state  shall  consist  in  levying  war  against  it,  o 
in  adhering  to  its  enemies,  giving  them  aid  and  comfort.     No  person  sha 
be  convicted  of  treason  unless  on  the  testimony  of  two  witnesses  to  th 
same  overt  act,  or  on  confession  in  open  court. 

1(5.  Excessive  bail  shall  not  be  required,  excessive  fines   shall   not  b 
imposed,  and  cruel  and  unreasonable  punishments  shall  not  be  inflicted. 

17.  Private  property  shall  not    betaken  for  public  use  without  jus 
compensation,   the  value  and  amount  to  be  assessed    and  determined  i 
such  manner  as  shall  be  prescribed  by  law. 

18.  No  person  shall  be  imprisoned  for  debt  in  any  action,  or   on 
judgment  founded  upon  contract,  unless  in  cases  of  fraud,  or  upon  his  re 
fusal  to  deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such  manne 
as  shall  be  prescribed  by  lew. 

19.  L\o  person  shall  be  transported  out  of  the  state  for  any   offence 
committed  within  the  same. 

20.  The  people  have  the  right  freely  to  assemble  together,  to    consul 
for  the  common  good,  to  make  known  their  opinions  to  their  representa 
lives,  and  to  petition  for  redress  of  grievances. 

21.  There  shall  be  neither   slavery  nor  involuntary   servitude  in  thi: 
state,  only  as  a  punishment  for  crime,  whereof  the  party  shall  have  beer 
duly  convicted. 

22.  All  elections  in  this  state  shall  be  free  and  equal  to  every  persoi 
whom  this  constitution  shall  declare  to  be  entitled  to  exercise   the  clec 
tive  franchise. 

23.  No  law  shall  be  passed  granting  any  divorce  otherwise  than  by  du< 
judicial  proceedings. 


August  5.]        JOURNAL  OF  THE  CONVENTION.  255 

24.  No  freeman  shall  be  imprisoned  or  disseized  of  his  freehold,   Uber- 
ies  or  privileges,  or  outlawed  or  exiled,  or   in  any   manner  be  deprived 
>f  his  life,  liberty  or  property  but  by  the  judgment  of  his  peers,   or  the 
aw  of  the  land. 

25.  No  person  bound  to  labor  in  any  other  state,  shall  be  hired  to  labor 
n  this  state. 

26.  No  bill  of  attainder  shall  be  passed. 

27.  The  legislature  shall  at  its  first  session  under  the  amended  consti- 
.ution,  pass  such  laws  as  will  effectually  prohibit  free  persons  of  color 
fro, n  emigrating  to,  and  settling  in  this  stale;  and  to  effectually  prevent 

he  owners  of  slaves,  or  any  other  person,  from  the  introduction  of  slaves 

nto  this  state  for  the  purpose  of  setting  them  free, 

23.   Any  person  who  shall,  after  the  adoption  of  this  constitution,  fight 
a  duel,  or  send  or  accept  a  challenge   for   that  purpose,  or  be  aider  or 
abetter  in  fighting  a  duel, shall  be  deprived  of  the  right   of  holding   any 
ffice  of  honor  or  profit  in  this  state,  and  shall  be  punished   otherwise  in 
uch  manner  as  is  or  may  be  prescribed  law. 

29.  That  a  frequent  recurrence  to  the  fundamental    principles  of  gov- 
ernment is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 
The  reading  was  dispensed  wiih,  and 

On  motion  of  Mr.  Thomas, 

The  report  was  laid  on  the  table,  and  250  copies  ordered  to  be  printed 
or  the  use  of  the  convention. 

On  motion, 
The  convention  adjourned  until  3  o'clock,  p.  M. 

THREE  O'CLOCK,  p.  IT. 

The  convention  met  pursuant  to  adjournment. 

The  question  pending  when  the  convention  adjourned  this  morning, 
was  on  the  amendment  proposed  by  Mr.  Woodson  to  the  amendment  of- 
fered by  Mr.  Dement. 

Mr.  Dement  modified  the  amendment  offered  by  him  this  morning  by 
nserting  the  following  as  section  11: 

"SEC.  11.  The  stockholders  in  every  corporation  and  joint  stock  as- 
sociation for  banking  purposes,  issuing  bank  notes  or  any  kind  of  paper 
•redits  to  circulate  as  money,  shall  be  individually  responsible  to  the 
amount  of  their  respective  share  or  shares  of  stock  in  any  such  corporation 
:>r  association,  for  all  its  debts  and  liabilities  ot  every  kind." 

The  question  was  then  taken,  by  yeas  and  nays,  on  amending  the 
imendment  as  proposed  by  Mr.  Woodson, 


And  decided  in  the  affirmative,  l£r"y  ^  ^X 

Those  voting  in  the  affirmative,  are, 

;Afr.  Adams  Mr.  Brown  Mr^Cross  of  Winnebago 

Anderson  Canady  Church 

Armstrong  Colby  Churchill 

Blakely  Constable  Davis  of  McLean 


JOURNAL  OF  THE  CONVENTION.         [August  5. 


Mr.  Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 

Green  of  Clay 
Grimshaw 
Harlan 
Harper 
Harvey 
Hay 

Heacock 
Hill 
Hogue 
Hurl  but 


Mr.  Judd 

Knapp  of  Jersey 

Knapp  of  Scott 

Kenner 

Kinneyof  Bureau 

Kitchell 

Knovvlton 

Knox 

Lander 

Lemon 

Lockwood 

Logan 

Loudon 

Marshall  of  Colea 

Mason 

Mieure 

Miller 

Moffett 

Northcott 

Palmer  of  Marshall 

Peters 

Pinckney 

Rives 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 
Atherton 
Blair 

Brockman 
Bond 

Bosbyshell 
Bunsen 
Butler 
Grain 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 

Cross  of  Woodford 
Cloud 


Mr.  Davis;of  Montgomery 
Davis  of  Massac 
Dement 
Farwell 
Green  of  Jo  Daviess 

Hatch 

Hayes 

Henderson 

Hoes 

James 

Kreider 

Kinney  of  St.  Clair 

Lasater 

Linley 

McCallen 

McCully 

McClure 

Manly 


Mr.  Robbina 
Swan 
Shields 
Spencer 
Sherman 
Servant 
Sibley 
Singleton 
Smith  of  Macon 
Thomas 
Thornton 
Turnbull 
Tomer 
Tuttle 
Vance 
Webber 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Markley 
Morris 
Nichols 
Oliver 
Pace 

Palmer  of  Macoupin 
Pratt 
Robinson 
Roman 
Rountree 
Scates 
Sharpe 
Stadden 
Sim 

Simpson 

Smith  of  Gallatin 
Shumway 
Thompson 
Whiteside. 


Mr.  Hayes  moved  to  amend  the  amendment  by  adding  thereto  the  fol 
lowing  as  an  additional  section: 

"Sec.  — .  No  banking  powers  or  privileges  shall  be  renewed,  exten- 
ded, created  or  exercised  within  this  state;  Provided,  that  the  above  sec« 
tion  shall  be  submitted  to  the  people  separately  at  the  same  time  with  the 
new  constitution,  and  if  a  majority  of  the  people  voting  upon  that  ques- 
tion shall  be  in  favor  of  the  same,  it  shall  be  a  permanent  provision  of  the 
constitution,  and  exclude  the  operations  of  any  other  provisions  to  the| 
contrary  in  this  constitution." 

On  motion  of  Mr.  Adams, 
The  previous  question  was  ordered. 

Tha  question  was  taken,  by  yeas  and  nays,  on  amending  the  amend<- 
merit,  by  adding  the  proposed  additional  section, 

And  decided  in  the  negative, 


August  5.]  JOURNAL  OF  THE  CONVENTION.  257 

Those  voting  in  the  affirmative,  are, 

Mr.  Akin                                   Mr.  Davis  of  Montgomery  Oliver 

Allen  Davis  of  Massac  Pace 

Archer  Dement  Palmer  of  Macoupin 

Armstrong  Far  well  Pratt 

Atherton  Green  of  Jo  Daviess  Robinson 

Blair  Gregg  Roman 

Brockman  Hayes  Rountree 

Bosbyshell  Henderson  Scates 

Brown  Hill  Stadden 

Bunsen  Hoes  Shields 

Butler  Hoguc  Sim 

Grain'  James  Simpson 

Caldwell  Kreider  Smith  of  Gallatin 

Campbell  of  McDonougb         Kinney  of  St.  Clair  Thompson 

Carter  Lasater  Tutt 

F.  S.  Casey  Linley  West 

Z.  Casey  McCully  Williams 

Colby  Markley  Witt 

Constable  Morfett  Whiteside 

Cross  of  V\  oodford  Morris  Worcester. 

Cloud  Nicholtf 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Harvey  Mr.  Miller 

Anderson  Hatch  Northcott 

Blakely  Hay  Palmer  of  Marshall 

Canady  Heacock  Peters 

Choate  Holmes  Pinckney 

Cross  of  Winnebago  Hurlbut  Rives 

Church  Judd  Robbins 

Churchill  Knapp  of  Jersey  Sharpe 

Davis  of  McLeafi  Knapp  of  Scott  Swan 

Dawson  Kenner  Spencer 

Deitz  Kinney  of  Bureau  Sherman 

Dummer  Kitchell  Servant 

Dunlap  Kuowlton  Sibley 

Dunn  Knox  Singleton 

Dunsmore  Lander  Smith  of  Macon 

Edwards  of  Madison  Lemon  Shumway 

Edwards  of  Sangamon  Lockwood  Thomas 

Ecclcs  Logan  Thornton 

Edmonson  Loudon  Turnbull 

Evey  McCallen  Turner 

Graham  McClure  Tuttl« 

Geddes  Manly  Vance 

Green  of  Clay  Marshall  of  Coles  Webber 

Grimshaw  Mason  Whitney 

Harlan  Mieure  Woodson. 
Harper 

Mr.  Dement  called  for  a  division,  so  as  to  vote  first  on  inserting  the  liith 
section;  which  was  agreed  to  by  the  convention. 

The  question  was  taken,  by  yeas  and  nays,  on  inserting  the  12th 
flection, 


And  decided  in  the  affirmative,        ^6a9>         ......     121 

(Nays,         .....     •        9 


17 


258  JOURNAL  OF  THE  CONVENTION.        [August  5, 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Geddes 

Mr.  Morris 

Akin 

Green  of  Clay 

.Nichols 

Allen 

Green  of  Jo  Daviess 

Northcott 

Anderson 

Gregg 

Oliver 

Archer 

Grimshaw 

Pace 

Armstrong 
Atherton 

Harlan 
Harper 

Palmer  of  Maeoupin 
Palmer  of  Marshall 

Blakely 

Harvey 

Pratt 

Brockman 

Hatch 

Peters 

Bosbyshell 

Hay 

Pinckney 

Brown 

Hayes 

Rives 

Bunaen 

Heacock 

Bobbins 

Grain 

Henderson 

Robinson 

Canady 

Hill 

Roman 

Caldwell 

Hoea 

Rountree 

Campbell  of  McDonough 

Hogae 

Scates 

Carter 

Hurlbut 

Sharpe 

F.  S.  Casey 

Judd 

Stadden 

Z.  Casey 

Knapp  of  Jersey 

Swan 

Choate 

Knapp  of  Scott 

Shields 

Colby 

Kreider 

Spencer 

Constable 

Kenner 

Sherman 

Cross  of  Winnebag® 

Kinney  of  Bareaa 

Servant 

Cloud 

Kinney  of  St.  Claxr 

Sibley 

Church 

Kitchell 

Sim 

Churchill 

Knowlton 

Simpson 

Davis  of  Montgomery 

Knox 

Smith  of  Gallatiii 

Davis  of  McLean 

Lander 

Smith  of  Macoft 

Davis  of  Massac 

Lasater 

Shumway 

Dawson 

Lemon 

Thomas 

Deitz 

Linley 

Thompson 

Dement 

Logan 

Thornton 

Bummer 

Loudon 

Turner 

Dunlap 

McCallen 

Tutt 

Dunn 

McCully 

Tuttle 

Dunsmoie 

McClure 

Webber 

Edwards  of  Madison 

Manly 

West 

Edwards  of  Sangamon 

Markley 

Williams 

Eccles 

Marshall  ot  Coles 

Witt 

Edrnonson 

Mason 

Whiteside 

Evey 

Mieure 

Whitney 

Farweli 

Miller 

Woodsou 

Graham 

Moffett 

Worcester,, 

Those  voting  in  the  negative,  are, 

Mr.  Blair 

Mr.  Holmes 

Mr.  Sirideton 

Butler 

James 

Tornbull 

Cross  of  Woodford 

Lockwood 

Vance. 

Mr.  Palmer  of  Macoupin  called  for  a  division,  so  as  to  vote  first  on  in- 
serting the |1 1th  section  of  the  amendment;  which  was  agreed  to  by  the 
convention. 

The  question  was  then  taken,  by  yeas  and  nays,  on  inserting  the  llth 
tection  of  the  amendment, 

~         .        (Yeas     •  107 

And  cecidedin  the  affirmative,  ^^  30 


August  5.]          JOURNAL  OF  THE  CONVENTION. 


259 


Those  voting  in  the  affirmative,  are. 


Mr.  Adams                                 Mr.  Graham 

Mr.  Pace 

Akin                                            Green  of  Jo  Daviesa 

Palmer  of  Macoupin 

Allen                                             Gregg 

Pratt 

Anderson                                    Grimshaw 

Peters 

Archer                                         Harlan 

Pinckney 

Armstrong                                  Harper 

Rives 

Atherton                                     Harvey 

Robbirts 

Blair                                            Hatch 

Robinson 

Blakely                                       Hayes 

Roman 

Brock  man                                   Heacock 

Rountree 

Bosbyshell                                  Henderson 

Scates                             •  a 

Brown                                           Hill 

Sharpe 

Bunsen                                        Hoes 

Stadden 

Butler                                        Hogue 

Shields 

Crain                                           Knapp  of  Scott 

Spencer 

Campbell  of  McDonough          Kreider 

Sherman 

Carter                                          Kenner 

Sibley 

F.  S.  Casey                               Kinney  of  St.  Clair 

Sim 

Z.  Casey                                     Kitchell 

Simpson 

Choate                                         Knox 

Smith  of  Gallatitt 

Colby                                        Lasater 

Smith  of  Macon 

Constable                                    Linley 

Shumway 

Cross  of  Woodford                    Loudon 

Thomas 

Cloud                                         McCallenJ 

Thompson 

Church                                      Me  Cully 

Thornton 

Churchill                                    McClure 

Turner 

Davis  of  Montgomery              Manly 

Tutt 

Davis'of  Massac                        Markley 

Tuttle 

Deitz                                           Marshall  of  Coles 

Webber 

Dement                                       Mieure 

West     • 

Dunlap                                        Miller 

Witt 

Dunn                                           Moffett 

Whiteside 

Dunsmore                                   Morris 

Whitney 

Edmonson                                   Nichols 

Woodson 

Evey                                            Oliver 

Worcester* 

Farwell 

Those  voting  in  the  negative,  are, 

Mr.  Canady                                Mr.  Holmes 

Mr.  Logan                                ' 

Cross  of  Winnebago                  Hurlbut 

Mason 

Davis  of  McLean                      James 

Northcott 

Dawson                                       Judd 

Palmer  of  Marshall 

Dummer                                      Knapp  of  Jersey 

Swan 

Edwards  of  Madison                 Kinney  of  Bureau 

Servant 

Edwards  of  Sangamon             Knowlton 

Singleton 

Eccles                                         Lander 

Turnbull         '•** 

Geddes                                        Lemon 

Vance 

Hay                                             Lockwood 

Williams. 

The   question    was  then    taken,  by  yeas 

and  nays,   on  inserting   the 

fourth,  fiith,  sixth,  seventh,  eighth,  ninth,  and 

tenth  sections  of  the  amend  - 

ment, 

And  decided  in  the  negative,  j  Tu6^" 

35 

.       100 

260 


JOURNAL  OF  THE  CONVENTION.        [August  6. 


Those  voting  in  the  affirmative,  are, 


Mr.  Armstrong 

Mr.  Edwards  of  Sangamon 

Mr.  Mieure 

Biown 

Graham 

Moffett 

Colby 

Geddes 

Stadden 

Cross  of  Winnebago 

Harfan 

Spencer 

Church 

Heacock 

Sherman 

Churchill 

Hill 

Tuttle 

Davis  of  McLean 

Hurlbut 

Webber 

Dement 

Judd 

Witt 

Dummer 

Kenner 

Whitney 

Dunlap 

Knox 

Woodson 

Dunsmore 

Logan 

Worcester. 

Edwards  of  Madison 

Marshall  of  Coles 

Those  voting  in  the 

negative,  are, 

Mr.  Adams 

Mr.  Grimshaw 

Mr.  Oliver 

Akin 

Harper 

Pace 

Allen 

Harvey 

Palmer  of  Macoupin 

Anderson 

Hatch 

Palmer  of  Marshall 

Archer 

Hay 

Pratt 

Atherton 

Hayes 

Peters 

Blair 

Henderson! 

Pinckney 

Blakely 

Hoes 

Rives 

Brockman 

Hogue 

Bobbins 

BosbysheH 

James 

Robinson 

Bunsen 

Knapp  of  Jersey 

Roman 

Butler 

Knapp  of  Scott 

Rountree 

Crain 

Kreider 

Scates 

Canady 
Caldwell 

Kinney  of  Bureau 
Kinney  of  St.  Clair 

Sharpe 
Swan 

Campbell  of  McDonough          Kitchell 
Carter                                          Rnowlton 

Shields 
Servant 

F.  S.  Casey 

Lander 

Sibley 

Zadok  Casey 

Lasater 

Sim 

Choate 

Lemon 

Simpson 

Constable 
Cross  of  Woodford 

Linley 
Lockwood 

Singleton 
Smith  of  Gallatin 

Cloud 

London 

Smith  of  Macon 

Davis  of  Montgomery 
Davis  of  Massac 

McCallen 
McCully, 

Shumway 
Thomas 

Daw  son 

McClure 

Thompson 

Deitz 

Manly 

Thornton 

Dunn 

Markley 

Turnbull 

Eccles 

Mason 

Turner 

Eumonson 

Miller 

Vance 

Evey 

Morris 

West 

Farwell 

Nichols 

Williams 

Green  of  Jo  Daviess 

Korthcott 

Whiteside. 

Gregg 

On  motion, 

The  convention  adjourned. 

FRIDAY,  AUGUST  6,  1847. 

The  convention  assembled  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 

The  question  pending  when  the  convention  adjourned  on  yesterday 
was  on  the  adoption  of  the  report  of  the  committee  on  Incorporations,  as 
amended. 


August  6.]         JOURNAL  OF  THE  CONVENTION. 

On  motion  of  Mr.  Edwards  of  Sang.-imon, 

The  previous  question  was  ordered,  <  XTe  , ' 

/  i>  a  v  s,       •         •         • 


65 
56 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Blair 
Canady 
Constable 

Cross  of  Winnebago 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Dummer 
Dtmlap 
Dunn 

Edwards  of  Madison 
Edwards  of  Sanganaon 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 

Green  of  Jo  Daviess 
Harlan 


Mr.  Harper 
Harvey 
Hogue 
Hurlbut 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Knowlton 
Lemon 
Lockwood 
Loudon 
McCallen 
Manly 

Marshall  of  Col«s 
Marshall  of  Mason 
Mason 
Mieure 
Miller 
Moffett 
Northcott 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allerf 
Armstrong 
Atherton 
Blakely 
Brock  man 
Bunsen 
Butler 
Grain 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Colby 

Cross  of  Woodford 
Cloud 
Davis  of  Massac 


Mr,  Dement 
Dunsrnore 
Farwell 
Gregg 
Hayes 
Henderson 
Hill 
Hoes 
Holmes 
James 

Kinney  of  St.  Clair 
Knox 
Lander 
Lasater 
Lin  ley 
McCully 
McClure 
Markley 
Morris 


Mr.  Palmer  of  Marshall 
Pinckney 
Rives 
Robinson 
Rountree 
Swan 
Shields 
Spencer 
Sherman 
Sibley 

Smith  off  Mac  on 
Thomas 
Thornton 
Turnbull 
Tutt 
Vance 
West 
Witt 
Whitney 
Woodson 
Worcester, 


Mr.  Nichols 
Oliver 
Pace 

Palmer  of  Macoupin 
Pratt 
Robbins 
Roman 
Scates 
Stadden 
Sim 

Simpson 
Singleton 
Smith  of  Gallatia 
Shumway 
Thompson 
Webber 
Williams 
Whiteside. 


Mr.  Scates  called  for  a  division,  so  as  to  vote  first  on  the  adoption  of  the 
last  section. 

The  question  was  taken,  and  the  convention  refused  to  second  the  call. 

The  question  w?u  taken,  by  yeas  and  nays,  on  the  adoption  of  the  ar- 
ticle, as  amended, 


And  decided  in  the  affirmative, 

' 


M 

(Nays, 


86 


JOURNAL  OF  THE  CONVENTION.        [August  6. 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Blair 
Blakely 
Canady 
Choate 
Colby 
Constable 

Cross  of  Winnebago 
Cloud 
Church  $3 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dement 
Dumraer 
Dunlap 
Dunn 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Edmonson 
Evey 
Graham 
Geddes 
Green  of  Jo  Dariess 


Mr.  Harlan 
Harper 
Harvey 
Hatch 
Hay 
Hogue 
—Holmes 
Hurl  but 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  Bureau 
Knowlton 
Knox 
Lander 
Lemon 
Lock  wood 
Logan 
Loudon 
McCallen 
McClure 
Manly 

Marshall  of  Coles 
Marshall  of  Mason 
Mason 
Mieure 
Miller 
Moffett 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Atherton 
Broekman 
Bond 

Bosbyshell 
Bunsen 
Butler 
Grain 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Cross  of  Woodford 


Mr.  Davis  of  Massac 
Gregg 
Hayes 
Henderson 
Hill 
Hoes 
James 
Kreider 

Kinney  of  St.  Clair 
Lasater 
Linley 
McCully 
Mark  ley 
Oliver 
Pace 


Mr.  Morris 
Nichols 
Northcott 

Palmer  of  Marshal! 
Pinckney 
Rives 
Bobbins 
Robinson 
Sharpe 
Swan 
Shields 
Spencer 
Sherman 
Servant 
Sibley 

Smith  of  Macon 
Shumway 
Thomas 
Thornton 
Turnbull 
Turner 
Tutt 
Vance 
Webber 
West 
Whitney 
Woodson 
Worcester. 


Mr.  Palmer  of  Mao?  upin 
Pratt 
Peters 
Roman 
Rountree 
Scates 
Stadden 
Sim 

Simpson 
Singleton 
SmFth  of  Gallatin 
Thompson 
Williams 
Witt 
Whiteside. 


On  motion  of  Mr.  Servant, 

The  article  was  referred  to  the  committee  on  the  Adjustment  and  Re- 
vision of  the  Articles  of  the  Constitution. 

On  motion  of  Mr.  Z.  Casey, 

The  rules  were  dispensed  with,  and  the  report  of  the  committee  on  the 
Legislative  Department,  as  amended  in  committee  of  the  whole,  was  ta- 
ken from  the  table. 

On  motion  of  Mr.  Witt, 

Ordered,  That  the  report  be  considered  by  sections. 
The  question  was  taken  on  the  adoption  of  the  first  section,  and  deci- 
ded in  the  affirmative. 


August  6.]        JOURNAL  OF  THE  CONVENTION. 


263 


On  motion  of  Mr.  Adams, 

The  second  section  was  amended  by  inserting  after  the  word  "on,"  in 
first  line,  and  after  the  word  "  on,"  in  the  third  line,  the  words  «•  the 
Tuesday  next  after." 

Mr.  Thomas  moved  to  amend  the  same  section  by  inserting  after  the 
word  '•  thereafter,"  the  words  "  until  otherwise  provided  by  law." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  section,  and  decided  ia 
the  affirmative. 

Mr.  Markley  moved  to  amend  the  third  section  by  striking  out  ihe  Word 
"five,"  arid  by  inserting  in  lieu  thereof  the  word  "one." 

A  division  of  the  question  being  called  for, 

The  question  was  taken,  by  yeas  and  nays,  on  striking  out, 


And  decided  in  the  negative. 


<Yeas, 
[Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Blakely 
Brockman 
Bosbyshell 
Butler 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Cross  of  Woodford 
Cloud 


Mr.  Davis  of  Massac 
Edmonson 
Evey 

Green  of  Jo  Daviess 
Hatch 
Hayes 
Heacock 
Henderson 
Hoes 
Hogue 

Kinney  of  St.  Glair 
Kitchell 
Lasater 
Louden 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Atherton 
Blair 
Bond 
Brown 
Bunsen 
Crain 
Canady 
Z.  Casey 
Choate 
Colby 
Constable 

Cross  of  Winnebago 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dement 
Dutnraer 
Dunlap 
Dunn 
Dunsmore 


Mr.  Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Graham 
Geddes 
Harlan 
Harper 

HiU 

Hurlbut 

James 

Judd 

Knapp  of  Jersey 

Knapp  of  Scott 

Kreider 

Kenner 

Kinney  of  Bureau 

Knowlton 

Knox 

Lander 

Lemon 

Linley 

Lockwood 


41 

80' 


Mr.  McCallen 
McClure 
Markley 

Marshall  of  Mason 
Oliver 
Pratt 
Seated 
Stadden 
bvvua 
Singleton 
Shumway 
Tuttle    ' 
Whitney. 


Mr.  Logan 
McCully 

Marshall  of  Coles 
Mason 
Mieure 
Miller 
Moffett 
Morris 
Nichols 
Northcott 
Pace 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Peters 
Pinckney 
Rives 
Robbins 
Robinson 
Rountree 
Sharpe 
Shields 
Spencer 
Servant 


264 


JOURNAL  OF  THE  CONVENTION.        [August  6, 


Mr/Sibley 
Sim 

Simpson 
Smith  of  Macon 
Thomas 
Thompson 


Mr/Thornton 
Turnbull 
Turner 
Vance 
Webber 
West 


Mr.  Williams 
Wilt 

Whiteside 
Woodson 
Worcester. 


On  motion  of  Mr.  Singleton, 

The  third  section  was  amended  by  inserting  after  the  word  ki  resided, 
m  the  third  line,  the  words  "  three  years  in  this  state,  and." 
The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative, 


Those  voting  in  the  affirmative,  are, 


Jfr.  Adams 

Mr.  Hay 

Athfrton 

Heacock 

Blair 

Hill 

Blakely 

Hogue 

Bond 

Hurlbut 

Bosbyshell 

Judd 

Brown 

Knapp  of  Jersey 

Canady 

Knapp  of  Scott 

Campbell  of  McTJonough 
Z.  Casey 

Kennet 
Kinney  of  Bureau 

Choate 

Kinnev  of  St.  Clair 

Colby 

Krtchell 

Constable 

Knowlton 

Cross  of  Wfnnebago 

Knox 

Churchill 

Lander 

Davis  of  McLean 

Lemon 

Dawson 

Lin  ley 

Deitz 

Lockwood 

Dement 

Logan 

Dummer 

Loudon 

Dunlap 

JVIcCallen 

Dunr> 

Marshall  of  Coles 

Dunsmore 

Marsha'l  of  Mason 

Edwards  of  Madison 

Mason 

Edwards  of  Sangamon 

Mieure 

Edmonson 

Miller 

Evey 

Moffett 

Graham 

Morris 

Geddes 

Nichols- 

Harlan 

Northcotl 

Harper 

Pace 

Those  voting  in  the  negative,  are, 


Mr.  Akin 


Mr.  Cloud 


Allen 

Anderson 

Armstrong 

Brocktnan 

Bunsen 

Butler 

Crain 

Caldwell 

Carter 

F.  S.  Casey 

Crass  of  Woodford 


Church 

Davis  of  Massac 

Eccles 

Green  of  Jo  Daviess 

Hatch 

Hajes 

Henderson 

Hoes 

James 

Kreider 

Lasater 


Mr.  Palmer  of  Macoupis 
Palmer  of  Marshall 
Peters 
Pinckney 
Rives 
Robinson 
Roman 
Rountree 
Sharpe 
Spencer 
Sherman 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Macors 
Thomas 
Thompson 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams 
Witt 
Whitney 
Woodson- 
Worcester, 


Mr.  Me  Cully 
McClure 
Markley 
Oliver 
Pratt 
Robbing 
Scates 
Stadden 
Shields 
Shumway 
Whiteside, 


August  (3.]         JOURNAL  OF  THE  CONVENTION. 


265 


The  question  was  taken  on  the  adoption  of  the  section,  as  amended, 
and  decided  in  the  affirmative. 

Mr.  Markley  moved  to  amend  the  fourth  section  by  striking  out  th» 
word  "thirty,"  and  by  inserting  in  lieu  thereof  the  words  "twenty-five." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Scates  called  ior  a  division,  so  as  to  vote  first  on  concurring  in  the 
first  amendment  of  the  committee  of  the  whole;  which  are  the  words 
I1'  and  an  inhabitant  of  ihis  state,"  after  the  first  words  "  United  States." 

The  question  was  so  taken,  and  decided  in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  concurring  in  the  amend- 
nent  made  by  the  committee  of  the  whole,  on  inserting  the  words  **  five 
ears  in  the  state,  and,"  after  the  word  "  resided,"  in  the  third  line, 


And  decided  in  the  affirmative' 


(  Nays, 


89 
40 


Those  voting  in  the  affirmative,  are, 


Kr.  Adams 
Atherton 
Blair 
Blakely 
Bond 
Canady 

Campbell  of  McDonough 
Z.  Casey 
Choate 
Colby 
Constable 

Cross  of  Winnebago 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dement 
I)ummer 
Dunlap 
Dunn 
Dunsrnore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Edmonson 
Evey 
Graham 
Geddes 
Harlan 
Harper 


Mr.  Hay 
Heacock 
Hill 
Hogue 
Hurlbut 

Knappof  Jersey 
Knapp  of  Scott 
Kenner 

Kinneyof  Bureau 
Kitchell 
Knowlton 
Knox 
Lander 
Lemon 
Linley, 
Lockwood 
Logan 
Loudon 
McCallen' 
Marshall  of  Coles 
Marshall  of  Mason 
Mieurej 
Miller 
Moffett 
Nichols 
Northcott 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Peters 
Pinckney 


Those  who  voted  in  the  negative,  are, 


Cr.  Akin 
Allen 
Anderson 
Armstrong 
Brockman 
Bosbyshell 
Brown 
Bunsen 
Butler 


Mr.  Grain 
Caldwell 
Carter 
F.  S.  Casey 
Cross  of  Woodford 
Cloud 

Davis  of  Massac 
Eccles 
Green  of  Jo  Daviess 


Mr.  Rives 
Robbins 
Robinson 
Roman 
Rountree 
Sharpe 
Swan 
Shields 
Spencer 
Sherman 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Macon 
Thomas 
Thompson 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Gregg 
Hatch 
Hayes 
Henderson 
Hoes 
James 
Judd 
Kreider 
Lasater 


266 


JOURNAL  OF  THE  CONVENTION,         [August 


Mr.  McCully 
AlcClure 
Manly 
Markley 
Morris 


Mr.  Oliver 
Pace 
Pratt 

Scales 


Mr.  Stadden 
Shuuiway 
Tutt 
Whiteside. 


The  question  was  taken  on  the  adoption  of  the  fourth  section,  as  amen 
ed,  and  decided  in  the  affirmative. 

Mr.   Hay  moved  to   amend  the  fifth  section  by  striking  out  the  we 
"forever." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  fifth  section,  and  de 
ded  in  the  affirmative. 

Mr.  Scates  called  for  a  division,  so  as  to  vote  separately  on  concurri 
with  the  committee  of  the  whole  in  striking  out  the  words  "never  to 
increased  or  diminished,"  in  the  sixth  section,  and  by  inserting  in  lieu  the; 
of  the  words  "  until  the  population  of  the  state  shall  amount  to  one  m 
lion  of  souls,  when  five  members  may  be  added  to  the  house,"  <fcc. 

Mr.  Constable  called  for  a  division,  so  as   to  vote   first  on  concurri 
with  the  committee  of  the  whole  on  striking  out. 

The  question  was  so  taken,  by  yeas  and  nays, 

And  decided  in  the  affirmative,  <  veas' 


(Nays, 


53 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Blair 
Blakely 
Brockman 
Cal  dwell 

Campbell  of  McDonough 
Carter 
Choate 
Colby 

Cross  of  Winnebago 
Cross  of  Woodford 
Cloud 
Church 
Churchill 
Davis  of  McLean 
Davis  of  Massac 
Deitz  * 

Dummer       ^ 
Dunsmore 

Edwards  of  Madison 
Eccles 
Edraonson 
Graham 
Green  of  Jo  Daviess 


Mr.  Gregg 
Harvey 
Hatch* 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Holmes 
Hurl  but 
Judd 

Knapp  of  Jersey 
Kreider 
Kenner 

Kmney  of  Bureau 
Kite  hell 
Knowlton 
Knox 
Lander 
Lemon 
Logan 
McCallen 
McClure 

Marshall  of  Mason 
Mason 
Mieure 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Atherton 
Bond 


Mr.  Brown 
Bunsen 
Butler 
Grain 


Mr.  Moffett 
Morris 
Nichols 
Northcott 

Palmer  of  Macoupin 
Pratt 
Pinckney 
Rives 
Robbins 
Rountree 
Stadden 
Swan 
Shields 
Spencer 
Sherman 
Servant 
Sibley 

Smith  of  Macon 
Thomas 
Turnbull 
Turner 
Tuttle 
West 
Whitney 
Woodson. 


Mr.  Canady 
F.  S.  Casey 
Z.  Casey 
Constable 


•gust  6.]        JOURNAL  OF  THE  CONVENTION. 


267 


Dawson 

Mr.  Linley 

Mr.  Sharp  e 

Dement 

Lockwood 

Sim 

Dunlap 
Dunn 

Loudon 
McCully 

Simpson 
Singleton 

Edwards  of  Sangamon 

Manly 

Shumway 

Evey 
Geddes 

Markley 
Marshall  of  Coles 

Thompson 
Thornton 

Harlan 

Miller 

Tutt 

Harper 

Oliver 

Vance 

Hay 

Pace 

Webber 

Hogue 

Palmer  of  Marshall 

Williams 

James 

Robinson 

Witt 

Knapp  of  Scott 

Roman 

Whiteside 

Kinney  of  St.  Ciair 

Scates 

Worcester. 

Lasater 

Jr.  Campbell  of  McDonough  moved  to  amend  the  amendment  of  the 
nmittee  of  the  whole  by  striking  out  the  word  "  five,"  and  by  inseiting 
word  "  ten." 

L  division  of  the  question  being  called  for  on  striking  out, 
"he  question  was  so  taken,  and  decided  in  the  negative. 
Vlr.  Palmer  of  Macoupin  moved  to  amend  the  same  amendment  by  strik- 
out  all  after  the  word  "  souls." 

question  was  taken,  and  the  amendment  rejected. 
Hr.  Scates  moved  to  amend  the  same  amendment  by   striking  out  the 
ds  "one  million,"  and   by  inserting  in  lieu  thereof  the  words  "two 
ions.'' 
^  division  being  called  for  on  striking  out, 

question  was  so  taken,  and  decided  in  the  negative. 
Ir.  Brockman  moved  to  amend  the  same  amendment  by  striking  out 
dlttr  the  words  "  one  hundred." 

Jr.  Witt  moved  to  amend  the  same  amendment  by  striking   out  the 
rds  "neither  be  increased  nor  diminished." 

?he  question  was  taken  on  Mr.  Witt's  motion,  and  decided  in  the  neg- 
e. 

i'he  question  was  then  taken  on  the  motion  made  by  Mr.  Brockman, 
decided  in  the  negative. 

?he  question  was  then  taken,  by  yeas  and  nays,  on  concurring  with  the 
unittee  of  the  whole,  on  inserting  the  words  agreed  to, 


(Yeas 
k.nd  decided  in  the  affirmative,   ]]>Ja  s' 

'hose  voting  in  the  affirmative,  are, 


85 
48 


Adams 

Anderson 

Atherton 

Blair 
I  Butler 
'Caldwell 

Campbell  of  McDonough 
iChoate 
'Colby 

Cross  of  Winnebago 

Cross  of  Woodford 


Mr.  Cloud 
Church 
Churchill 
Davis  of  McLean 
Davis  of  Massac 
Dawson 
Deitz 
Duinmer 
Dunn 
Dunsmore 
Edwards  of  Madison 


Mr.  Eccles 
Edmonson 
Graham 
Geddes 

Green  of  Jo  Daviess 
Gregg 
Harper 
Harvey 
Hatch 
Hay 
Hayes 


268 


JOURNAL  OF  THE  CONVENTION.          [Augu* 


Mr.  Heacock 
Henderson 
Hill 
Holmes 
James 

Knapp  of  Jersey 
Kenner 

Kinney  of  Bureau 
Kitchell 
Kn  owl  ton 
KnoK 
Lander 
Lemon 
Linley 
Lockwood 
Logan 
London 
McCallen 


Mr.  McCully 
McClure 

Marshall  of  Mason 
Mason 
Mieure 
Moffett 
Morris 
Northcott 

Palmer  of  Marshall 
Pratt 
Peters 
Pinckney 
Rives 
Robbing 
Robinson 
Rountree 
Sharpe 
Stadden 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Armstrong 
Blakely 
Broekman 
Bond 

Bosbyshell 
Brown 
Bunsen 
Grain 
Canady 
Carter" 
F.  S.  Casey 
Z.  Casey 
Constable 
Dement 


Mr.  Dunlap 

Edwards  of  Sangamon 

Evey 

Farwell 

Harlan 

Hoes 

Hogue 

Hurlbut 

Judd 

Knapp  of  Scott 

Kreider 

Kinney  of  St.  Clair 

Lasater 

Manly 

Markley 

Marshall  ot  Coles 


Mr.  Swan 
Shields 
Spencer 
Sherman 
Servant 
Sibley 
Singleton 
Smith  of  Macon 
Thomas 
Turnbull 
Turner 
Tuttle 
West 
Williams 
Witt 

Whiteside 
Woodson. 


Mr.  Miller 
Nichols 
Oliver 
Pace 

Palmer  of  Macoupin 
Roman 
Scates 
Sim 

Simpson 

Smith  of  Gallatin 
Shumway 
Thornton 
Vance 
Webber 
Whitney 
Worcester. 


The  question  was  then  taken  on  concurring  with  the  committee  of 
whole  in  striking  out  the  words  "as  herein  provided  for,"  and  by  ins 
in^iii  lieu  thereof  the  words  l<in   all  future  apportionments,"  &c., 
decided  in  the  affirmative. 

Mr.  McCailen  moved  to  amend  the  sixth  section  hy  striking  out 
words  *'•  twenty-five,"  and  by  inserting  in  lieu  thereof  the  word  "twenl 
and  by  striking  out  the  words  "seventy-five,"  and  inserting  in  lieu  th< 
of  the  word  "eighty." 

Mr.  Shumway  called  fora  division,  so  as  to  vote  first  on   striking 
the  word  "  twenty-five,"  and  inserting  in  lieu  thereof  the  word  "tweni 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  then  taken  on  striking  out  the  words  "  seventy-rn 
and  inserting  in  lieu  thereof  the  words  u  eighty,"  and  decided  in  the  i 
ative. 

On  motion  of  Mr.  Whiteside, 

The  further  consideration  of  the  sixth  section  was  postponed  until  n 
Monday. 


rust  6.]         JOURNAL  OF  THE  CONVENTION.  209 

f  r.  Dawson  moved  to  amend  the  seventh  section   by  striking  out  the 
d  "Monday,"  and  inserting  in  lieu  thereof  the  word  "Tuesday." 
Mie  question  was  taken,  and  the  amendment  rejected. 
[r.  Thomas  moved  to  amend  the  same  section   by  striking   out  the 
d  "January,"  and  inserting  in  lieu  thereof  the  word  "December." 
'he  question  was  taken,  and  the  amendment  rejected, 
[r.  Whiteside  moved  to  amend  the  same  section  by  striking  out   the 
d  "January,"  in  the  third  line,  and  by  inserting  in  lieu  thereof  the  word 
gust." 

he  question  was  taken,  and  the  amendment  rejected, 
he  question  was  taken  on  the  adoption  of  the  seventh  section,  and  de- 
Id  in  the  affirmative, 
he  question  was  taken  on  the  adoption  of  the  eighth  section,  and  de- 

in  the  affirmative. 

.  Roman  moved  to  amend  the  ninth  section  by  striking  out  the  word 

,"  and  inserting  in  lieu  thereof  the  word  "five." 

division  being  called  for  on  striking  out, 

e  question  was  so  taken,  and  decided  in  the  negative. 

e  question  was  taken  on  the  adoption  of  the  ninth  section,  and  deci- 

n  the  affirmative. 

e  question  was  taken  on  the  adoption  of  the  tenth  section,  and  deci- 

i  the  affirmative. 
On  motion  of  Mr.  Thomas, 

e  eleventh  section  was  amended  by  striking  out  the  last  three  words, 

»y  inserting  in  lieu  thereof  the  words  "on  the  question.' 

e  question   was  taken  on   the  adoption  of  the  eleventh  section,  and 

ed  in  the  affirmative. 

e  question  was  taken  consecutively  on  the  adoption  of  the  12th,  13th, 

and  15th  sections,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Thornton, 

e  16th  section  was  amended  by  striking  out  the  two  last  words,  and 

ting  in  lieu  thereof  the  words  "  each  house." 

e  question  was  taken  on  the  adoption  of  the  16th  section,  as  amend- 

nd  decided  in  the  affirmative. 
On  motion  of  Mr.  Thomas, 

e  17th  section  was  struck  out,  and   the   following  inserted  in   lieu 

of: 

ills  making  appropriations  for  the  pay  of  the  members  and  officers  of 

eneral  assembly,  and  for  the  salaries  of  the   officers   of  the   govern- 

,  as  fixed  by  the  constitution,  shall  not  contain  any  provision   on  any 

•subject. 

ie  question  was  taken  on  the  adoption  of  the  17th  section,  as  amend* 

nd  decided  in  the  affirmative. 
On  motion  of  Mr.  Manly, 

ave  of  absence  was  granted  to  Mr.  Archer  for  eight  days. 
On  motion  of  Mr.  Pinckney, 

ave  of  nbsence  was  granted  to  Mr.  Grimshaw  for  eight  days. 
On  motion  of  Mr.  Peters, 


JOURNAL  OF  THE  CONVENTION.          [August 


Leave  of  absence  was  granted  to  Mr.  Kinney  of  Bureau  for  seven  da 

On  motion, 
The  convention  adjourned  until  three  o'clock,  p.  BI. 


THREE  O'CLOCK,  r.  M, 


The  convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  Thomas, 

Leave  of  absence  was  granted  to  Mr.  Dummer  for  seven  days. 

The  convention  resumed  the  consideration  of  the  report  of  the  cc 
mittee  on  the   Legislative  Department,  as  amended  in  committee  of 
whole.  ' 

Mr.  Shumway  moved  to  amend  the  amendment  made  by  the  comn 
tee  of  the  whole  to  the  18th  section,  by  adding  thereto  the  words  " 
cept  appropriations  making  payment  to  members  and  officers  of  the  g 
eral  assembly  and  officers  of  the  state  government." 

The  question  was  taken,  by  yeas  and  nays, 


And   decided  in  the  affirmative, 


JYeas, 
(Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Anderson 

Armstrong 

Atherton 

Blair 

Brown 

Bunsen 

Canady 

Campbell  of  McDonough 

F.  S.  Casey 

Choate 

Constable 

Cross  of  Woodford 

Cloud 

Church 

Churchill 

Davis  of  McLean 

Dunlap 

Dunsmore 

Edmonson 

Evey 

Farwell 

Graham 

Geddes 

Green  of  Clay 
f-?r  Green  of  Jo  Daviess 

Harper 


Mr.  Hatch 
Hoes 
Hogue 
Holmes 
James 
Judd 

Knapp  of  Jersey 
Kreider 
Kitchell 
Knox 
Lasater 
Lemon 
Linley 
Lockwood 
McCallen 
McCully 
McClure 
Manly 
Markley 

Marshall  of  Mason 
Mason 
Mieure 
Moffet 
Nichols 
Pace 

Palmer  of  Macouptn 
Palmer  of  Marshall 


Mr.  Pratt 
Peters 
Pinckney 
Rives 
Roman 
Rountree 
Scates 
Sharpe 
Stadden 
Swan 
Shields 
Sherman 
Servant 
Sibley 
Sim 

Simpson 
Singleton 
Smith  of  Macon 
Shumway 
Tuttle    ' 
Webber 
Williams 
Witt 

Whiteside 
Whitney 
Woodson. 


tgust  6.]         JOURNAL  OF  THE  CONVENTION. 


Those  voting  in  the  negative,  are, 


Akin 
Allen 
Bond 
Caldwell 
Carter 
Z    Casey 
Colby 

Cross  of  Winnebago 
Davis  of  Massac 
Dawson 
Deitz 
Dunn 
Edwards  of  Sangamon 


Mr.  Eccles 


Gregg 

Harlan 

Harvey 

Hay 

Hill 

Hurlbut 

Knapp  of  Scott 

Kenner 

Knowlton 

Lander 

Logan 

Miller 


Mr.  Morris 
Oliver 
Robbins 
Robinson 
Spencer 

Smith  of  Gallatin 
Thomas 
Thornton 
Turnbull 
Turner 
Tutt 
Vance. 


On  motion  of  Mr.  Peters, 
'he  amendment  made  by  the  committee  of  the   whole,  as  amended, 
further  amended  by  striking  out  all  after  the  word  "  direct." 
'he  question  was  taken  on  concurring  with  the  committee  of  the  whole 
the  amendment  made  to  the  18th  section,  as  amended  by  the  conven- 
n,  and  decided  in  the  affirmative. 

(Mr.  Sim  moved  to  amend  the  18th  section,  as  amended,  by  striking  out 
of  the  fourth  and  fifth  lines  after  the  word  "houses,"  and  insert  in  lieu 
reof  the  words  "no  law  passed  by  the  legislature  shall  contain  matter 
|eign  to  that  expressed  in  the  title  thereof.'* 
he  question  was  taken,  and  the  amendment  rejected. 
/Ir.  Kenner  moved  to  amend  the  same  section,  as  amended,  by  striking 
the  words  "private  or  local." 

|The  question  was  taken,  and  the  amendment  rejected. 
[The  question  was  taken  on  the  adoption  of  the  18th  section,  as  amend- 
and  decided  in  the  affirmative. 

he  question  was  taken  on  the  adoption  of  the  19th  section,  and   deci- 
in  the  affirmative.   " 

'Mr.  Lockwood  moved  to  amend  the  amendment,  made  by  the  commit- 
p  of  the  whole  to  the  20th  section,  by  striking  out  the  word  "one,"  and 
inserting  in  lieu  thereof  the  word  u  two." 
division  of  the  question  being  called  for, 
he  question  was  taken,  by  yeas  and  nays,  on  striking  out, 


<Yeas, 


decided  in  the  negative, 


Those  voting  in  the  affirmative,  are, 


23 
106 


Armstrong 

Brown 

Davis  of  Massac 

Dunlap 

Green  of  Jo  Daviess 


Heacock 
Hurlbut 


Mr.  Judd 

Lockwood 

Logan 

McCallen 

McClure 

Mason 

Miller 

Pinckney 


Mr.  Roman 
Sharpe 
Sherman 
Servant 
Singleton 
West 
Whitney. 


272 


JOURNAL  OF  THE  CONVENTION.         [August  C 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Akin 
Allen 
Anderson 
Atiierton 
Blair 
Blakely 
Brockman 
Bond 

Bosbyshell 
Bunsen 
Butler 
Crain 
Canady 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Constable 

Cross  of  Winnebago 
Cross  of  Woodford 
Cloud 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dement 
Dunn 
Dunsmore 

Edwards  of  Sangamon 
E^cles 
Edmonson 
Evey 


Mr.  Farwell 
Graham 
Geddes 
Green  of  Clay 
Harlan 
Harper 
Harvey 
Hatch 
Hay 

Henderson 
Hill 
Hoes 
Hogue 
Holmes 
James 

Knapp  of  Jersey 
Knapp  of  Scott 
Kreider 
Kenner 

Kinney  of  Bureau 
Kitchell 
Knowlton 
Knox 
Lander 
Lasater 
Lemon 
Liniey 
Loudon 
McCully 
Manly 
Markley 

Marshall  of  Coles 
Marshall  of  Mason 
Mieure 
Moffett 


Mr.  Morris 
Nichols 
Oliver 
Pace 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Peters 
Rives 
Robbins 
Robinson 
Rountree 
Scates 
Stadden 
Swan 
Shields 
Spencer 
Sibley 
Sim 

Simpson 

Smith  of  Gallatin 
Smith  of  Macon 
Shumway 
Thomas 
Thornton 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Webber 
Williams 
Witt 

Whiteside 
Woodson 
Worcester. 


Mr.  Armstrong  moved  to  amend  the  same  amendment,  by  adding  afle 
the  woris  "  and  no  more,"  the  words  "and  such  additional  cornpensatioi 
as  the  legislature  shall  deem  just  and  proper,  not  exceeding  three  dollai 
per  day." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Brown  moved  to  amend  the  same    amendment  by  striking  out 
after  the  words  '*  and  no  more." 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 


Those  voting  in  the  affirmative,  are 


26 
103 


Mr.  Brown 
Caldwell 
Constable 
Cloud 

Davis  of  Massac 
Dawson 
Gregg 
Heacock 
Hurlbut 


Mr.  Judd 
Kenner 
Lemon 
Lockwood 
Los:  an 
McCallen 
Miller 

P*Wrof  Marshall 
Pinckney 


Mr.  Roman 
Swan 
Servant 
Singleton 
Smith  of  Gallatin 
Turner 
Tuttle 
Whitney. 


\ugust  6.]        JOURNAL  OF  THE  CONVENTION. 


273 


Those  voting  in  the  negative,  are, 


[r.  Adams 

Mr.  Geddea                                Mr. 

Nichols 

Akin 

Green  of  Clay 

Northcott 

Allen 

Green  of  Jo  Daviess 

Oliver 

Anderson 

Harlan 

Pace 

Armstrong 

Harper 

Palmer  of  Macoupizi 

Atherton 

Hatch 

Pratt 

Blair 

Hay 

Peters 

Blakely 

Headersgjr*f\B  R  A  R  y 

Rives 

Brockman 

Hill    JT 

Robbins 

Bond 

Hoes£T7-rq]- 

Robinson 

Bosbyshell 
Bunsen 

Hogu* 
Holmes                              i^ 

Rountree 
Scates 

Butler 

James 

Sharpe 

Crain 

Knapp  of  Jersey 

Stadden 

Canady 

Knapp  of  Scott 

Shields 

Campbell  of  McDonough 
Carter 

Kreider 
Kinney  of  Bureau 

Spencer 
Sherman 

F.  S.  Casey 

Kitchell 

Sibley 

Z.  Casey 

Knowlton 

Sim 

Choate 

Knox 

Simpson 

Cross  of  Winnebago 

Lander 

Smith  of  Macon 

Cross  of  Woodford 

Lasater 

Shumway 

Church 

Linley 

Thomas 

Churchill 

Loudon 

Thornton 

Davis  of  McLean 

McCully 

Turnbull 

Deitz 

McClure 

Tutt 

Dement 

Manly 

Vance 

Dunlap 

Markley 

Webber 

Dunn 

Marshall  of  Coles 

West 

Dunsmore 

Marshall  of  Mason 

Williams 

Edwards  of  Sangamon 

Mason 

Witt 

Eccles 

Mieure 

Whiteside 

Edmonson 

Motfett 

Woodson 

Evey 

Morris 

Worcester. 

Graham 

The  question  was  taken  on  concurring  with  the  committee  of  the 
lole  in  the  amendment  made  to  the  20th  section,  together  with  the  arj- 
tional  section,  and  decided  in  the  affirmative. 

Mr.  Cross  of  Winneb^go  moved  to  amend  the  20th  section,  as  amended, 
striking  out  the  words  fc*  forty-two,"  and  inserting  in  lieu  thereof  the 
ord  **  sixty." 

A  division  of  the  question  being  called  for, 
The  question  was  taken,  by  yeas  and  nays,  on  striking  out, 


(Yeas 

And  decided  in  the  negative,       <  j^a    ' 

Those  voting  in  the  affirmative,  are, 


Adams 

Anderson 

Armstrong 

Bosbyshell 

Brown 

Bimsen 

Canady 

Choate 


18 


Mr.  Cross  of  Winnebago 
Cloud 
Church 
Churchill 
Davis  of  McLean 
Deitz 
Dnnlap 
Green  of  Clay 


59 

74 


Mr.  Green  of  Jo  Daviess 
Gregg 
Harper 
Hatch 
Hay 

Heacock 
Henderson 
Hill 


274 


JOURNAL  OF  THE  CONVENTION.         [August 


Mr.  Hoes 
Holmes 
Hurl  but 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kinney  of  Bureau 
Lander 
Lockwood 
Logan 
McCallery 
McClure 


Mr.  Marshall  of  Mason 
Mason 
Mieure 

Palmer  of  Marshall 
Pratt 
Pinckney 
Roman 
Sharpe 
Stadden 
Swan 
Sherman 
Servant 


Mr.  Sibley 
Singleton 
Smith  ol  Macon 
Thomas 
Turnbull 
Tutner 
Tuttle 
Webber 
West 
Whitney 
Worcester, 


Those  voting  in  the  negative,  are, 


Mr.  Akir> 

Mr.  Edmonson 

Mr.  Nichols 

Allen 

Evey 

Northcott 

Atherton 

Graham 

Oliver 

Blair 

Gede'es 

Pace 

Blakely 

Harlan 

Palmer  of  Macoupins 

Brockmati 

,     Harvey 

Peters 

Bond 

Hayes 

Riveg 

Butler 

Hogue 

Robbins 

Grain 

James 

Robinson 

Caldwell 

Kreider 

Rountree 

Campbell  of  McDonough 
Carter 

Kenner 
Kitchell 

Scates 
Shields 

F.  S.  Casey 

Knowlton 

Spencer 

Z.  Casey 

Knox 

Sim 

Colby 

Lasater 

Simpson 

Constable 

Lemon 

Smith  of  Gallatin 

Cross  of  Wood-ford 

Linl'ey 

Shumway 

Davis  of  Massac 

Loudon 

Thornton 

Dawson 

McCully 

Tutt 

Dement 

Manly 

Vance 

Dunn 

Mark'ley 

Williams 

Dunsmore 

Marshall  of  Coles 

Witt 

Edwards  of  Madison 

Miller 

Whiteside 

Edwards  of  Sangamon 

Moffet 

Woodson. 

Eccles 

Morris 

Mr.  Pratt   moved  to  amend  the  same  section  by  striking  out  the  won 
"  two,v  and  by  inserting  in  lieu  thereof  the  word  "three." 
A  division  being  called  for. 
The  question  was  taken,  by  yeas  and  nays,  on  striking  out, 


(Yeas 
And  decided  in  the  negative,  j^a    ' 

Those  voting  in  the  affirmative,  are, 


85 


Mr.  Adams 
Anderson 
Armstrong 
Brown 
Caiiady 
Colby 
Cross  of  Winnebago 
Cloud 
Church 
Churchill 

Mr.  Davis  of  Massac 
Dement 
Dunlap 
Du  n  n 
Green  of  Jo  Daviess 
Gregg 
Haroer 
Hatch 
Hay 
Hajes 

Mr.  Heacock 
Henderson 
Hill 
Holmes 
Hurl  but 
Knapp  of  Jersey 
Kenner 
Kinney  of  Bureau 
Lockwood 
McCallen 

August  6.]         JOURNAL  OF  THE  CONVENTION. 


275 


Mfr.  McClure 

Marshall  of  Mason 

Mason 

Miller 
^     Northcott 

Palmer  of  Macoupin 


Mr.  Pratt 

Pinckuey 

Roman 

Sharpe 

Swan 

Sherman 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Atherton 
Blair 
Blakely 
Brockman 
Bond 

Bosbyshell 
Bunsen 
Butler 
Grain 
Cal  dwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Constable 
Cross  of  Woodford 
Davis  of  McLean 
Dawson 
Deitz 
Dunsjiore 

Edwards  of  Madison 
Edvvards  of  Sangamon 
Eccles 
Edmonson 
Evey 
Graham 


Mr.  Geddes 

Green  of  Clay 

Harlan 

Harvey 

Hoes 

Hogue 

James 

Judd 

Knapp  of  Scott 

Kreider 

Kitchell 

Knowlton 

Knox 

Lander 

Lasater 

Lemon 

Lin  ley 

Logan 

London 

McCully 

Manly 

Marldey 

Marshall  of  Coles 

Mieure 

Motfett 

Morris 

Nichols 

Oliver 


Mr.  Servant 
Sibley 
Thomas 
Turnbull 
Webber 
Whitney. 


Mr.  Pace 

Palmer  of  Marshall 

Peters  , 

Rives 

Robbins 

Robinson 

Ro  an  tree 

Scates 

Stadden 

Shields 

Spencer 

Sim 

Simpson 

Singleton 

Smith  of  Gallatin 

Smith  of  Macon 

Shu  m  way 

Thornton 

Turner 

Tutt 

Tuttle 

Vance 

West 

Williams 

Witt 

Whiteside 

Woodson 

Worcester. 


Mr.  Singleton  ftiovecl  to  amend  the  20th  section  by  striking  out  all  after 
e  words  "  per  day,"'  in  the  first  iine,  to  the   first  word  "  for,"  in  the  se- 
>nd  line,  together  with  the  word  "thereafter,"  in  the  second  line. 
The  question  was  taken,  by  yeas  and  nays,  on  the  amendment, 


And  decided  in  the  negative,  <  y.  /' 

52 

77 

Those  voting  in  the 

affirmative,  are, 

r.  Adams 

Mr.  Davis  of  McLean 

Mr.  Henderson 

Anderson 

Dav^  of  Massac 

Hill 

Armstrong 

Deitz 

Hoes 

Blair 

Dunlap 

Holmes 

Brockman 

Dunn 

Hurlbut 

Bond 

Dunsmore 

Judd 

Brown 

Geddes 

Knapp  of  Jersey 

Colby 

Green  of  Jo  Daviess 

Kinney  of  Bureau 

Cross  of  Winnebago 
Cloud 
Church 

Gregg 
Harper 
Hatch 

Lander 
Lockwood] 
McCallen 

Churchill 

Heacock 

McClure 

47C 


JOURNAL  OF  THE  CONVENTION.         \August  6. 


Mr.  Marshall  of  Mason 
Mason' 
Pratt 
Pinckney 
Roman 
Sharpe 


Mr.  Sladden 
Swan 
Sherman 
Servant 
Sibley 


Those  voting  in  the  negative,  are, 


Mr.  Singleton 
Thomas 
Turnbull 
Webber 
Whitney. 


Mr.  Akin 
Allen 
Atherton 
Blakely 
Bosbyshell 
Bunsen 
Butler 
Grain 
Canady 
Caldwell 

Campbell  of  McDonough 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Constable 
Cross  of  Woodford 
Dawson 
Dement 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Edmonson 
Evey 
<Jraham 
Green  of  Clay 


Mr.  Harlan 
Harvey 
Hay 
Hogue 
James 

Knapp  of  Scott 
Kreider 
Kenner 
Kitchell 
Knowlton 
Knox 
Lasater 
Lemon 
Linley 
Louden 
McCully 
Manly 
Markley 

Marshall  of  Coles 
Mieure 
Miller 
Moffett 
Morris 
Nichols 
Northcott 
Oliver 


Mr.  Pace 

Palmer  of  Macoupin 

Palmer  of  Marshall 

Peters 

Rives) 

Robbins 

Robinson 

Rountree 

Scales 

Shields       , 

Spencer 

Sim 

Simpson 

Smith  of  Gallatin 

Shumwa)* 

Thornton 

Turner 

Tutt 

Tuttle 

Vance 

Williams 

Witt 

Whiteside 

Woodson 

Worcester. 


Mr.  Kenner  moved   to  amend  the  20th  section  by  inserting  after  th 
word  "  dollars,"  in  the  first  line,  the  words  "and  fifty  cents." 
The  question  was  taken,  by  yeas  and  nays,  on  the  amendment, 


And  decided  in  the  negative, 


JYeas, 
(Nays, 


44 

85 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Blair 
Blakely 
Brown 
Canady 
Colby 

Cross  of  Winnebago 
Cloud 
Church 
Churchill 
Deitz 
Dement 
Dunlap 
Dunn 
Dunsmore 


Mr.  Green  of  Jo  Daviess 
Hatch 
Hay 

Heacock 
Henderson 
Hill 
Holmes 
Hurlbut 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinneyof  Bureau 
Lockwood 
McCallen 
McCluie 


Mr.  Marshall  of  Mason 
Mason 
Moffett 
Morris 
Northcott 
Pace 

Palmer  of  Macoupin 
Pratt 
Roman 
Sharpe 
Swan 
Turnbull 
Webber 
Whitney. 


August  6.]         JOURNAL  OF  THE  CONVENTION.  £77 

Those  who  voted  in  the  negative,  are, 

Mr.  Akin                                   Mr.  Gregg  Mr.  Pinckney 

Allen                                           Harlan  Rives 

Anderson                                    Harper  Robbins 

Atherton                                     Haivey  Robinson 

Brockman                                   Hayes  Rountree 

Bond                                          Hogue  Scates 

Bosbyshell       ,                          James  Stadden 

Bunsen                                        Judd  Shields 

Butler                                        Kreider  Spencer 

Crain                                           Kitchell  Sherman 

Caldwell                                     Knowlton  Servant 

Campbell  of  McDonough          Knox  Sibley 

Carter                                          Lander        _  Sim 

F.  S.  Casey                               Lasater  Simpson 

Z.  Casey                                     Lemon  Singleton 

Choate                                         Linley  Smith  of  Gallatin 

Constable                                    Logan  Shumway 

Cross  of  Woodford                     Loudon  Thomas 

Davis  of  McLean                       McCully  Thornton 

Davis  of  Massac                        Manly  Turner 

Dawson                                       Markley  Tuttle 

Edwards  of  Madison                 Marshall  of  Coles  Vance 

Edwards  of  Sangamon              Mieure  West 

Eccles                                         Miller  Williams 

Edmonson                                   Nichols  Witt 

Evey                                            Oliver  Whiteside 

Graham                                       Palmer  of  Marshall  Woodson 

Geddes                                        Peters  Worcester. 
Green  of  Clay 

Mr.  Cross  of  Winnebago  moved  to  amend  the  same  section  by  striking 
mt  the  word  "dollars,"  wherever  the  word  occurs,  and  by  inserting  in  lieu 
hereof  the  word  "cents." 

On  motion  of  Mr.  Campbell  of  McDonough, 
The  motion  was  lai^j  on  the  table. 

Mr.  McCallen  moved   to  amend  the  same  section  by  striking  out  the 
ten,''  and  by  inserting  in  lieu  thereof  the  words  »'t\vo  and  a  half." 
On  motion  of  Mr.  Akin, 
The  motion  was  laid  on  the  table. 

Mr.  Servant  moved  to  amend  the  same  section  by  striking  out  the  first 
word  'Hwo,"  and  to  insert  in  lieu  thereof  the  word  "one." 
On  motion  of  Mr.   Akin, 

The  motion  was  laid  on  the  table, 

Those  voting  in  the  affirmative,  are, 

Vlr.  Adams                                Mr.  Bunsen  Mr,  Deitz 

Akin                                            Butler  '  Dement 

Allen                                           Crain  Dunlap 

Anderson                                     Canady  Dunn 

Atherton                                     Carter  Dunsrnore 

Blair                                          F.  S.  Casey  Edwards  of  Sangamon 

Blakely                                       Z.  Casey  Eccles 

Brockman                                   Choate  Edmonson 

Bond                                            Cross  of  Woodford  Evey 

Bosbyshell                                 Cloud  Graham 


278 


JOURNAL  OF  THE  CONVENTION.        [August  6, 


Mr.  Green  of  Clay 

Green  of  Jo  Daviess 

Harlan 

Harper 

Harvey 

Hatch 

Hay 

Hayes 

Heacock 

Henderson 

Hill 

Hoes 

Hogue 

James 

Knapp  of  Scott 

Kreider 

Kennerj 

KitcheH 

Knowlton 

Kr.ox 

Lasater 
•^      Lemon 

Lin  ley 


Mr.  Lockwood 
Logan 
McCully 
McClure 
Manly 
Markley 

Marshall  of  Coles 
Marshall  of  Mason 
Mieure 
Miller 
Moffett 
Morris 
Nichols 
Northcott 
Oliver 
Pace 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Pratt 
Peters 
•  Robbins 
Robinson 


Those  voting  in  the  negative,  are, 


Mr.  Armstrong 
Brown 
Caldwell 

Campbell  olMcDonough 
Colby 
Constable 

Cross  of  Winnebago 
Church 
Churchill 
Davis  of  McLean 
Davis  of  Massae 


Mr.  Dawson 

Edwards  of  Madison 

Geddes 

Gregg 

Holmes 

Hurlbut 

Knapp  of  Jersey 

Lander 

Loudon 

McCallen 

Mason 


Mr.  Rountree 
Scates 
Sharpe 
Stadden 
Shields 
Spencer 
Sherman 
Sibley 
Sim 

Simpson 
Smith  of  Macoii 
Shumway 
Thornton 
Turnbull 
Turner 
Tutt 
Webber 
West 
Wliliams 
Witt 

Woodson 
Worcester, 


Mr.  Pinckney 
Rives 
Swan 
Servant 
Singleton 
Smith  of  Gallatin 
Thomas 
Tuttle 
Vance 
Whitney. 


Mr.  McCallen  moved  to  strike  out  the  whole  section. 
On  motion  of  Mr.  Akin, 

The  motion  was  laid  on  the  table. 

Mr.  Thomas  moved  to  strike  out  the  whole  section,  as  amended,  anc 
lo  insert  in  iieu  thereof  the  words  "the  sessions  of  the  general  assembly 
£>hall  be  limited  to  forty-two  days,  and  the  compensation  of  the  members 
shall  be  two  dollars  per  day  for  each  day's  attendance,  and  ten  cents  per 
mile  for  travelling  in  going  to  and  returning  from  the  seat  of  govern- 
ment." 

On  motion  of  Mr.  Akin, 

The  motion  was  laid  on  the  table. 
On  motion  of  Mr.  Adams, 

The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  2Qih 
section,  as  amended, 


And  decided  in  the  affirmative, 


M 
(l\  ay 


93 
35 


August  (>.]        JOURNAL  OF  THE^CONVENTION. 

Those  voting  in  the  affirmative,  are, 


279 


Mr.  Adams 

Mr.  Ecclea 

Mr.  Nichols 

Akin 

Edmonsoa 

Northcott 

Allen 

Evey 

Oliver 

Atherton 

Graham 

Pace 

Blair 

Geddes 

Palmer  of  Marshall 

Blakely 

Green  of  Clay 

Peters 

Brock  man 

Harlan 

Rives 

Bond 

Harper 

Robbins 

Bosbyshell 

Harvey 

Robinson 

Bunsen 

Hatch 

Rountree 

Butler 

Hayes 

Scates 

Crain 

Hogue 

Sharpe 

Caldwell 

James 

Shields 

Campbell  of  McDonough          Judd 
Carter                                          Knapp  of  Scott 

Spencer 
Servant 

P.  S.  Casey 

Kreider 

Sim 

Z.  Casey 

Kenner 

Simpson 

Choate 

Kite  hell 

Smith  of  Gallatin 

Constable 

Knovvlton 

Smith  of  Macon 

Cio-s  of  Winnebago 

Knox 

Shumway 

Cross  of  Woadford 

Las  ate  r 

Thornton 

Cloud 

Lemon 

Turner 

Davis  of  McLean 

Linley 

Tutt 

Davis  of  Massac 

Logan 

Tuttle 

Dawson 

Manly 

Webber 

Deitz 

Mark  ley 

West 

Dement 

Marshall  of  Coles 

Williams 

Dunlap 

Marshall  of  Mason 

Witt 

Dunn 

Mieure 

Whiteside 

Dunsmore 

Moffett 

Woodson 

Edwards  of  Madison 

Morris 

Worcester. 

Edwards  of  Sangauion 

Those  voting  in  the 

negative,  are, 

Mr.  Anderson 

Mr.  Hoes 

Mr,  Palmer  of  Macoupin 

Armstrong 

Holmes 

Pinckney 

Brown 

Hurl  but 

Roman 

Canady 
Colby 

Knapp  of  Jersey 
Lander 

Stadden 
Swan 

Church 

Lockwood 

Sherman 

Churchill 

Loudon 

Sibley 

Green  of  Jo  Daviess 

McCallen 

Singleton 

Gregg 

'McCully 

Thomas 

Heacock 

McClure 

Turnbull 

Henderson 

Mason 

Vance 

Hill 

Miller 

Whitney. 

Mr.  Vance  offered  the  following  as  an  additional  section: 

"SEC.  — .  After  the  year  1860  the  general  assembly  may  raise  the 
per  diem  pay  of  members  of  the  legislature  to  any  sum  not  over  three  dol- 
lars per  day." 

The  question  was  taken,  and  the  proposed  section  rejected. 

Mr.  Robbins  moved  to  amend  the  amendment  made  to  the  21st  section 
by  inserting  after  the  word  "assembly,"  the  words  unor  be  elected  to 
any  office  of  profit  or  trust  in  this  state." 

The  question  was  taken,  and  the  amendment  adopted. 


280  JOURNAL  OF  THE  CONVENTION.          [August  7. 

Mr.  Shields  moved  to  amend  the  same  amendment  by  inserting  the 
word  "due,"  after  the  word  "sums,"  in  the  sixth  line. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Thomas  moved  to  amend  the  same  amendment  by  striking  out  the 
words  "shall  have,"  in  the  fourth  line,  and  by  inserting  in  lieu  thereof  the 
words  "be  eligible  to." 

The  question  was  taken,  and  the  amendment  adopted. 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole, 
in  the  amendment  made  to  the  2Jst  section,  as  amended,  and  decided  in 
the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  21st  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

The  question  was  taken  on  concurring  in  the  amendment  made  to  the 
22d  section,  by  the  committee  of  the  whole,  and  decided  in  the  affirma- 
tive. 

Mr.  Akin  moved  that  the  22d  section  be  further  amended  by  adding 
thereto  the  following: 

•'  Nor  shall  any  member  of  this  contention  be  eligible  to  any  office  cre- 
ated by  this  constitution  at  the  first  election  after  its  ratification.*1 

Mr.  Edwards  of  Sangamon  moved  to  amend  the  amendment  by  substi- 
tuting therefor  th-  following: 

"No  person  elected  to  the  legislature  shall  receive  any  civil  appoint- 
ment within  this  state,  or  to  the  senate  of  the  United  States,  from  the 
governor,  the  governor  and  senate,  or  from  the  legislature,  during  the  term 
for  which  he  shall  have  been  elected;  and  all  such  appointments,  and  all  such 
votes  given  for  any  such  member,  for  any  such  office  or  appointments, 
shall  be  void." 

On  motion, 

The  convention  adjourned. 

SATURDAY,  AUGUST  7,  1847. 


"The  convention  met  pursuant  to  adjournment. 

The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  West, 

The  rules  were  suspended,  when  he  offered  the  following  preamble  and 
resolutions;  which  were  unanimously  adopted: 

Whereas,  we  have  just  learned,  with  deep  and  poignant  regret,  the 
death  of  Captain  Franklin  Niles,  of  the  5th  regiment  of  Illinois  volunteers, 
which  occurred  on  the  24th  day  of  July  last,  whilst  on  his  way  to  Mex- 
ico, in  command  of  a  company  of  volunteers  from  Madison  county; 
therefore, 

Resolved,  That  we  sincerely  mourn  and  deeply  regret  the  death  of  our 
fellow-citizen  Capt.  Franklin  Niles,  of  the  5th  regiment  Illinois  volunteers. 

Resohed9  That,  in  the  death  of  Capt.  Niles,  the  volunteer  army  of  the 
United  States,  has  sustained  the  loss  of  a  brave  and  accomplished  officer; 
our  state  one  of  its  noblest  and  deserving  sons,  the  community  one  of  it* 


August  7.]         JOURNAL  OF  THE  CONVENTION. 


281 


brightest  ornaments,  and  his  family  and  friends  one  who  was  endeared 
to  them  by  every  feeling  and  sentiment  of  love  and  esteem. 

Resolved,  That  we  cordially  sympathize  with  the  5th  regiment  Illinois 
volunteers,  and  the  company  under  his  command,  and  with  the  friends 
and  family  of  the  deceased,  who,  by  this  afflicting  dispensation  of  Almighty 
God,  have  sustained  a  loss  which  neither  the  honors  of  the  woild  or  the 
sympathies  of  friends  can  deprive  of  its  bitterness. 

Resolved^  That  the  secretary  furnish  a  copy  of  the  above  resolutions  to 
the  5th  regiment  Illinois  volunteers,  and  the  family  of  the  deceased. 

The  question  pending  when  the  convention  adjourned  on  yesterday,  was 
upon  the  adoption  of  the  substitute  proposed  by  Mr.  Edwards  of  Sanga- 
mon  for  the  amendment  offered  by  Mr.  Akin  to  the  22d  section  of  the 
report  of  the  committee  on  the  Legislative  Department,  as  amended  in 
committee  of  the  whole. 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative, 


90 
29 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
.Anderson 
Bond 
Brown 

Bunsen 

Butler 

Cram 

Campbell  of  McDonough 

Choate 

Constable 

Cross  of  Winnebago"* 

Cross  of  Woodford 

Church 

Churchill 

Davis  of  McLean 

Dawson 

Deitz 

Dunsmore 

Edwards  of  Madison 

Edwards  of  Sangamon 

Ecclcs 

Edmonson 

Evey 

Graham 

Geddes 

Green  of  Clay 

Green  of  Jo  Daviess 

Harlan 

Harper 

Harvey 


Mr.  Hatch 
Hay 
Hayes 
Heacock 
Hill 
Hogue 
Holmes 
Hurlbut 
James 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 

Kinney  of  St.  Clair 
Kitchell 
Knowlton 
Kriox 
Lander 
Lemon 
Lockwood 
McCallen 
McCully 
Manly 

Marshall  of  Coles 
Mason 
Mieure 
Miller 
Moffett 
Northcott 
Palmer  of  Macoupin 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Alien 


Blair 


Mr.  Brock  man 
Carter 
F.  S.  Casey 
Z.  Casey 


Mr.^Palmer  of  Marshall 
Peteis 
Pinckney 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Sharpe 
Swan 
Shields 
Spencer 
Sherman 
Sibley 
Sim 

Smith  of  Macon 
Shumway 
Thomas 
Thornton 
Turnbull 
Turner 
Tutt 
Vance 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 


Mr.  Colby 
Cloud 
Demerit 
Dunlap 


-282 


JOURNAL  OF  THE  CONVENTION.        [August  7, 


Mr.  Dunn 
Dunlap 
Far  well 
Gregg 
Henderson 
Kreider 


Mr.  Lasater 
Linley 
McClure 
Markley 

Marshall  of  Mason 
Oliver 


Mr.  Pratt 
Scates 
Stadden 
Simpson 

Smith  of  Gallatin 
Webber. 


Mr.  Scates  moved  to  amend  the  amendment  by  striking  out  the  words 
"or  to  the  Senate  of  the  United  States." 

The  question  was  taken,  and  decided  in  the  negative.- 

The  question  was  taken  on  the  adoption  of  the  amendment,  as  amend- 
ded,  and  decided  in  the  affirmative. 

Mr.  Lockwood  moved  to  amend  the  22d  section  by  adding  thereto  the 
following: 

"Nor  shall  any  member  of  the  General  Assembly  be  interested,  either 
directly  or  indirectly,  in  any  contest  with  the  state,  or  any  county  thereof, 
authorized  by  any  law  passed  during  the  time  for  which  he  shall  have 
been  elected,  or  during  one  year  after  the  expiration  thereof." 

Mr.  Akin  moved  to  amend  the  amendment  by  substituting  therefor 
the  following: 

"Nor  shall  any  member   of  this    convention    be  eligible  to  any    office 
created  by  this  constitution  at  the  first  election  after  its  ratification." 
On  motion  of  Mr.  Constable, 

.  81 


The  substitute  was  laid  on  the  table, 

9 


Those  voting  in  the  affirmative,  are, 


(Nays, 


41 


Mr.  Adams 
Anderson 
Atherton 
Blair 

Brockman 
Bond 
Bunsen 
Butler 
Canady 
F.  S.  Casey 
Constable 

Cross  of  Winnebago 
Cloud 
Church 
Churchill 
Davis  of  McLean 
Deitz 
Dunn 
Dunsmore 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Eilmonson 
Evey 
Graham 
Geddes 
Green  of  Clay 


Mr.  Green  of  Jo  Daviess 
Harlan 
Harper 
Harvey 
Hatch 
Hayes 
Heacock 
Hill 
Hogue 
Hurl  but 
James 
Judd 

Knapp  of  Jersey 
Knapp  ot  Scott 
Kenner 
Kitchell 
Knowlton 
Knox 
Lander 
Lemon 
Linley 
Lockwood 
Logan 
McCallen 
Me  Cully 
McClure 
Manly 


Mr.  Marshall  of  Mason 
Mason 
Moffett 
Northcott 

Palmer  of  Macoupin 
Palmer  of  Marshall 
Peters 
Pinckney 
Robinson 
Rountree 
Swan 
Shields 
Spencer 
Servant 
Sibley 
Shumway 
Thomas 
Turnbull 
Turner 
Vance 
Webber 
West 
Williams 
Witt 
Whitney 
Wood  son 
Worcester. 


August  7.]          JOURNAL  OF  THE  CONVENTION.  283 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Gregg  Mr.  Bobbins 

Allen  Hay  Roman 

Armstrong  Henderson  Scutes 

Biown  Holmes  Sharpe 

Grain  Kreider  Stadden 

'  Caldwell  Kinney  of  St.  Clair  Sbermaii 

Carter  Lasater  Sim 

Zadok  Casey  Mark^ey  Simpson 

Choate  Marshall  of  Coles  Smith  of  Gallatin 

Colby  Miller  Smith  of  Macon 

Cross  of  Woodford  Nichols  Thornton 

Dement  Oliver  Tutt 

Dunlap  Pratt  Whiteside. 

Farwell  Rives 

The  question  was  taken  on  the  adoption  of  the  amendment,  and  decided 
in  the  affirmative. 

Mr.  Pratt  moved  to  amend  the  22d  section,  as  amended,  by  adding 
thereto  the  following: 

"Any  person  who  may  hereafter  be  elected  by  the  people  to  fill  any 
office  in  this  state,  and  who  shall  accept  the  same,  shall  be  ineligible  to 
•any  other  office  within  the  gift  of  the  people  during  the  period  for  which 
he  may  have  been  elected." 

On  motion  ot  Mr.  Knowlton, 

The  amendment  was  laid  on  the  table. 

The  question  was  taken  on  the  adoption  of  the  section  as  amended,  and 
decided  in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  committee  of  the 
whole,  in  the  amendments  made  to  the  23d  section,  and  decided  -in  the 
affirmative. 

Mr.  Caldwell  moved  to  amend  the  23d  section,  as  amended,  by  adding 
thereto  the  following: 

"SEC.  — .  The  general  assembly  shall  be  forever  prohibited  from  pas- 
sing any  private,  special  or  general  law,  renewing  or  extending,  or  in  any 
wise  creating  or  authorizing  the  exercise  of  banking  powers  or  privileges; 
Provided,  that  the  ioregoing  section  shall  be  submitted  as  a  separate  ques- 
tion to  the  people,  and  if  the  same  be  adopted  by  a  majority  of  the  votes 
cast  for  and  against  the  constitution,  then  the  same  shall  become  a  part  of 
this  constitution,  and  supersede  all  other  provisions  herein  to  the  con- 
trary." 

Mr.  Smith  o[  Macon  moved  to  lay  the  proposed  amendment  on  the 
table. 

On  motion  of  Mr.  Caldwell, 

A  call  of  the  convention  was  ordered; 

When  it  appeared  that  the  following  members  were  absent,  viz: 

Messrs.  Archer,  liallingall,  Bond,  Campbell  of  Jo  Da viess,  Dale,  Davis 
of  Montgomery.  Dummer,  Frick, Green  ofTazewell,  Grimshaw,  Harding, 
Hawley,  Hunsaker,  Huston,  Jackson.  Jenkins,  Jones,  Kinney  of  Bureau, 
Kinney  of  St.  Clair,  Laughlin,  McIIatton,  Mathctiy,  Miushal),  Moore, 
Norton,  Powers,  Thompson,  T rower,  Tuttle,  Vernor,  Wead — 31. 

A  quorum  being  present, 


484 


JOURNAL  OF  THE  CONVENTION.          [August  7. 


On  motion  of  Mr.  Constable, 

Further  proceedings  under  the  call  were  dispensed  with. 
The  question  was  taken,  by  yeas  and  navs,  on  laying   the   proposed 
amendment  on  the  table, 

And  decided  in  the  negative,  ]  ^f^'  .... 

1  I  Nays,  ....         66 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Blakely 
Canady 
Choate 
Constable 

Cross  of  Winnebago 
Church 
Churchill 
Davis  of  McLean 
Dawson 
Deitz 
Dunlap 
Dunn 
Dunsmoie 

Edwards  of  Madison 
Edwards  of  Sangamon 
Eccles 
Edmonson 
Graham 
Geddes 
Green  of  Clay 


Mr.  Green  of  Jo  Daviess 
Harlan 
Harper 
Harvey 
Hay 

Heacock 
Holmes 
Hurl  but 
Judd 

Knapp  of  Jersey 
Knapp  of  Scott 
Kenner 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
McClure 
Marshall  ot  Coles 


Mr.  Marshall  of  Mason 


Mieure 

Miller 

Northcott 

Palmer  of  Marshall 

Pmckney 

Rives 

Swan 

Sppncer 

Sherman 

Servant 

Sibley 

Smith  of  Macon 

Tnomas 

Thornton 

Turnbull 

Turner 

Vance 

Whiiney 

Woodson. 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Mr.  Evey 

Mr.  Palmer  of  Macoupin 

Allen 

Far»vell 

Pratt 

Armstrong 

Gre%<* 

Rob  bins 

Atherton 

Hatch 

Robinson 

Blair 

Hayes 

Roman 

Brockman 

Henderson 

Eountree 

Bond 

Hill 

Scates 

Bosbyshell 

Hoes 

Sharpe 

Brown 

Hogae 

Stadden 

Bunsen 

James 

Shields 

Butler 

Kreider 

Sim 

Grain 

Kinuey  of  St.  Clair 

Simpson 

Caldwell 

Lasater 

Siiii-ieton 

Campbell  of  McDonough 

Linley 

Smith  of  Gallatin 

Carter 

JVc  Cully 

Shmnway 

F.  S   Casey 

Manly 

Tutt 

Z.  Casey 

Mark  ley 

Webber 

Colby 

Mnffett, 

West 

Cross  of  Woodford 

Morris 

Williams 

Cloud 

iS  ic  hols 

Witt 

Davis  of  Massac 

Oliver 

Whiteside 

Dement 

Pace 

Worcester. 

just  9J         JOURNAL  OF  THE  CONVENTION.  285 

Mr.  Grddes  moved  to  amend  the  amendment  by  insertiLg  the  follow- 
ing immediately  before  the  proviso: 

'•The  legislature  shall  pass  laws  imposing  adequate  penalties  on  th« 
circulation  of  the  paper  of  banks  located  out  of  this  state,  and  making  void 
all  contracts  the  consideration  of  which  is  the  paperof  such  banks,  and  all 
payments  made  in  the  notes  of  such  banks. 

Mr.  Edwards  of  Sangamon  moved  to  refer  the  amendment  and  the 
amendment  thereto  to  the  committee  on  Incorporations. 

Mr.  Kinney  of  St.  Clair  moved  the  previous  question. 

The  question  was  taken,  and  the  convention  refused  to  order  the  main 
question. 

On  motion, 

The  convention  adjourned, 


MONDAY,  AUGUST 


The  convention  having  assembled  pursuant  to  adjournment,  it  was 
called  to  order  by  Mr.  Z.  Casey,  who  took  the  chair  in  the  absence  of  the 
president,  and  at  his  request. 

Prayer  by  Rev.  Mr.  Palmer  of  Marshall,  a  member. 
The  journal  of  Saturday  was  read. 

%  The  question  pending  when  the  convention  adjourned  on  Saturday, 
was  on  the  motion  made  by  Mr.  N.  W.  Edwards  to  refer  the  amendment 
offered  to  the  23d  section  of  the  report  of  the  committee  on  the  Legisla- 
tive Department,  as  amended  in  committee  of  the  whole,  together  with 
the  amendment  offered  thereto  by  Mr.  Geddes,  to  the  committee  on  In- 
corporations. 

On  motion  of  Mr.  Eccle?, 
A  call  of  the  convention  was  ordered. 
The  call  was  proceeded  in  for  some  time,  when, 

Mr.  Markley  moved  to  dispense  with  further  proceedings  under  the 
call. 

The  question  was  taken,  and  decided  in  the  negative. 
Pending  the  call, 

On  motion  of  Mr.  Roman, 
Leave  of  abrence  was  granted  to  Mr.  W.  C.  Kinney  for  eight  days. 

On  motion  of  Mr.  Worcester, 

Leave  ot  absence  was  granted  to  Mr.  Woodson  for  eight  days,  in  con- 
sequence of  sickness. 

On  motion  of  Mr.  Sharpe, 
Leave  of  absence  was  granted  to  Mr.  Choate  for  eight  days. 

On  motion  of  Mr.  Thornton, 
Leave  of  absence  was  granted  to  Mr.  Evey  for  three  days. 

On  motion  of  Mr.  Whitney, 
Leave  of  absence  was  granted  to  Mr.  Jenkins  for  two  days. 

On  motion  of  Mr.  Rountree, 
Leave  of  absence  was  granted  to  Mr.  J.  M.  Davis  for  two  days, 


286  JOURNAL  OF  THE  CONVENTION.         [August  9. 

On  motion  of  Mr.  Dawson, 
The  absentees  were  called,  in  order  to  receive  their  excuses. 

On  motion  of  Mr.  A.  II.  Knapp, 
Mr.  Dale  was  excused  in  consequence  of  sickness. 

On  motion  of  Mr.  W.  B.  Green, 
Mr.  T.  Campbell  was  excused  in  consequence  of  sickness. 

On  motion  of  Mr.  Holmes, 
Mr.  H.  R.  Green  was  excused  in  consequence  of  sickness. 

On  motion  of  Mr.  Pratt, 

Mr.  Singleton  was  excused  in  consequence  of  illness. 
The  absentees  not  having  leave  of  absence,  or  excused  in  consequence 
of  sickness,  are, 

Messrs.  Ballingall,  Bond,  Brown,  Constable,  C.  Edwards,  Logan,  North- 
cott,  Peters,  and  Mr.  President — 9. 
On  motion  of  Mr.  Caldwel), 

Further  proceedings  under  the  call  were  dispensed  with. 
Mr.    Caldwell  moved   to  refer    the  amendment,  and  the   amendment 
thereto,  to  a  select  committee  of  nine. 

Mr.  J.  M.  Palmer  called  fora  division,  so  as  to  vote  first  on  referring  the 
amendment  to  the  amendment. 

The  question  was  taken,  and  the  convention  refused  to  divide  the  ques 
tion 

The  question  was  then  taken,  by  yeas  and  nays,  on  referring  the  amend 
ment  and  the  amendment  offered  thereto,  to  the  committee  on  Incorpora 
tions, 

'•11.  ,•  (Yeas,  •  63 

And  decided  m  the  negative,       J^    ^ 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Hay  Mr.  Minshall 

Anderson  Heacock  H.  D.  Palmer 

Blakely  Holmes  Pinckney 

Canady  Hurlbut  RiveS 

Church  Jackson  Robbins 

Churchill  Judd  Servant 

R.  J,  Cross  Kenner  Sherman 

D.  Davis  A.  R.  Knapp  Shields 

Dawson  N.  M.  Knapp  Sibley 

Deitz  Knowlton  E.  O.   Smith 

Dunlap  Knox  Spencer 

Dunsmore  Lander  Swan 

Eccles  Lemon  Thomas 

C.  Edwards  Lockwood  Thornton 

N.  W.  Edwards  McCallen  Trower 

Frick  F.  S.  D.  Marshall  Turnbull 

Graham  T.  A.  Marshall  Turner 

Geddes  Mason  Tuttle 

Harding  Matheny  Vance 

Harlan  JVlieure  West 

'Harper  Miller  Whitney. 


August  9.]         JOURNAL  OF  THE  CONVENTION. 


28P 


rl  jose  voting  in  the  negative,  are, 


Mr.  "Akin 
Allen 
Armstrong 
Atherton 
Blair 
Bond 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Butler 
Caldwell 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 
Constable 
Grain 

S.  J.   Cross 
T.  G.  C.  Darii 
Dement 
Dunn 
Edmonson 
Farwell 
P.  Green 


Mr.  W.  B.  Green 

Gregg 

Harvey 

Hatch 

Hawleyj 

Hayrs 

Henderson 

Hill 

Hoes 

Hogue 

Huston 

James 

Kitchell 

Kreider 

Lasater 

Langhlin 

Linley 

Loudon 

McCully 

McClure 

McHatton 

Manly 

Markley 

Moffett 

Moore 

Morris 


Mr.  Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robinson 
Roman 
Rountree 
Scates 
Sharpe 
Shumway 
Sim 

Simpson 
Singleton 
J.  Smith 
Stadaen 
Thompson 
Tutt 
Webber 
Williams 
Witt 

Whiteside 
Worcester. 


The  question   was  then  taken,  by  yeas  and  nay?,  on  referring  the 
amendment  to  a  select  committee  of  nine, 


And  decided  in  the  affirmative, 


<Yeas, 

{Nays, 


71 

67 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Armstrong 
Atherton 
Blair 
Bond 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Bntler 
Caldwell 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
X.  Casey 
Churchill 
Colhy 
Constable 
Crain 

S.  J.  Cross 
T.  G.  C.  Davis 
Punn 
N.  W.  Edwards 


Mr.  Farwell 
Frick 
Geddes 
P.  Green 
Gregec 
Hayes 
Henderson] 
Hill 
Hoes 
Huston 
Jackson 
James 
Kitchell 
Kreider 
Lasater 


Lin'ey     • 

Lock  wood 

McCallen 

McCully 

McClure 

Maikley 

Mason 

Moffett 


Mr.  Moore 
Morris 
Nichols 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 
Robinson 
Rountree 
Scates 
Sharpe 
Sh  urn  way 
Simpson 
J.  Smith 
Stadden 
Thompson 
Tutt 
Webber 
Williams 
Whiteside 
Woodson. 


238  JOURNAL  OF  THE  CONVENTION.        [August  9. 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Hay  Mr.  Powers 

Anderson  Heacock  Rives 

Blakely  Hogue  Robbins 

Canady  Holmes  Servant 

Church  Hurlbut  Sherman 

K.  J.  Cross  Judd  Shields 

D.  Davis  Kenner  Sibley 

Dawson  A.  R.  Knapp  Sim 

Deitz  N.  M.  Knapp  Singleton 

Dement  Knowlton  E.  O.  Smith 

Dunlap  Knox  Spencer 

Dunsmore  Lander  Swan 

Eccles  Lemon  Thomas 

Edmonson  Loudon  Thornton 

C.  Edwards  Manly  Trower 

Graham  F.  S.  D.  Marshall  Turnbull 

W.  B.  Green  T.  A.*  Marshall  Turner 

Harding  Matheny  Tuttle 

Harlan  Mieure  Vance 

Harper  Miller  West 

Harvey  Minshall  Witt 

Hatch*  Pinckney  Whitney.  9 
Hawley 

On  motion  of  Mr.  N.  W.  Edwards, 

The  vote  last  taken  was  reconsidered,  when, 

Mr.  Caldwell  withdrew  his  motion  to  refer   the  amendments  to    a  se- 
lect committee,  and  also  withdrew  his  amendment. 

Mr.  Crildwell  oifered  the  following  as  an  amendment  to  the  23d  section, 
as  amended: 

"SEC.  —  .  The  general  assembly  shall  be  forever  prohibited  from  passing 
any  private,  special,  or  general  law,  renewing,  extending,  or  in  anywise 
creating  or  authorizing  the  exercise  of  banking  powers  or  privileges  with- 
in this  state;  Provided,  that  this  clause  be  submitted  as  a  separate  section 
to  the  people  at  the  election  held  for  the  adoption  of  this  constitution: 
and  if  such  clause  as  a  separate  section  shall  be  adopted  by  a  majority  of 
the  votes  cast  for  and  against  it,  then  the  same  shall  become  a  part  of  this 
constitution,  and  supersede  all  provisions  in  this  constitution  to  the  contra- 
ry, otherwise  to  be  void." 

Mr.  Caldwell  moved  that  the  main  question  be  now  put. 

The  question  was  taken,  by  yeas  and  nays,  on  ordering  the  main  ques- 
tion, 


And  decided  in  the  negative,      JNayi  74 


Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Brown                                Mr.  Z.  Casey 

Allen  Bunsen  Colby 

Armstrong  Butler  Con&table 

Atherton  Caldwell  Crain 

Blair  J.  M.  Campbell  S.  J.  Cross 

Bosbyshell  Carter  T.  G.  C.  Davii 

Brockman  F.  S.  Casey  Dement 


August  9.]        JOURNAL  OF  THE  CONVENTION. 


289 


Mr.  Farwell 
Frick 
Gregg 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Huston 
James 
Kitchell 
Kreider 
Lasater 
Laughlin 
Linley 


Mr.  Me  Cully 
McClure 
McHatton 
Markley 
Moffett 
Moore 
Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robinson 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Blakely 
Canady 
Church 
Churchill 
R.  J.  Cross 
D.  Davis 
Dawson 
Deitz 
Dunlap 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Graham 
Geddes 
P.  Green 
W.  B.  Green 
Harding 
Harlanj 
Harper 
Harvey 
Hatch 


Mr.  Hawley 
Hay 

Heacock 
Holmes 
Hurlbut 
Jackson 
Judd 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 


Mr.  Roman 
Rountree 
Scates 
Sharpe 
Sim 

Simpson 
J.  Smith 
Stadden 
Thompson 
Tutt 
Webber 
Witt 

Whiteside 
Worcester. 


Mr.  Minshall 

H.  D.  Palmer 

Pinckney 

Rives 

Robbins 

Servant 

Sherman 

Shields 

Shumway 

Sibley    ' 

Singleton 

E.  O.  Smith 

Spencer 

Swan 

Thomas 

Thornton 

Trower 

Turnbull 

Turner 

Tuttle 

Vance 

West 

Williams 

Whitney. 


Mr.  Geddes  moved  to  amend  the  amendment  bj  inserting  before  the 
proviso  the  following: 

"The  legislature  shall  pass  laws  imposing  adequate  penalties  on  the  cir- 
culation of  the  paper  of  banks  located  out  of  this  state,  and  making  void 
all  contracts,  the  consideration  of  which  is  the  paper  of  such  banks,  and 
all  payments  made  in  the  notes  of  such  banks.0 
On  motion  of  Mr.  Adams, 

The  main  question  was  ordered,  when, 

Mr.  Caldwell  withdrew  the  amendment. 

The  question  was  then  taken  on  the  adoption  of  the  23d  section,  as 
amended,  and  decided  in  the  affirmative. 

Mr.  Williams  moved  to  amend  the  24th  section  by  adding  thereto  the 
following: 

"No  banking  powers  or  privileges  shall  be  granted  either  by  general 
or  special   acts   of  incorporation.     All   contracts,  the  consideration  of 
19 


290 


JOURNAL  OF  THE  CONVENTION.         {August  9. 


which  is  the  paper  of  banks  located  out  of  this  slate,  and  all  payments 
made  in  the  notes  of  such  banks  shall  be  absolutely  void,  and  the  legisla- 
ture shall  pass  laws  imposing  adequate  penalties  on  the  circulation  of  the 
notes  and  paper  of  such  banks  within  this  state." 

The  foregoing  clause  shall  be  separately  submitted  to  a  vote  of  the 
people,  and  if  voted  for  by  a  majority  of  all  voting  on  the  question,  it 
shall  be  a  part  of  the  constitution  and  not  otherwise. 

Mr.  Hayes  moved  to  amend  the  amendment  by  substituting  therefor 
the  following: 

"The  question  of  "banking"  shall  be  submitted  to  the  people  when 
they  shall  vote  on  the  adoption  of  this  constitution,  and  if  the  majority 
of  those  voting  on  the  question  shall  vote  for  banking,  then  the  general  as- 
sembly may  pass  banking  laws  under  the  restrictions  contained  in  this  con- 
stitution, but  if  the  majority  voting  on  the  question  shall  not  vote  for  bank- 
ing, then  no  person,  corporation,  or  association-  of  persons  shall  be  allow- 
ed to  manufacture  or  emit  any  paper  intended  to  circulate  as  paper 
money." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  sub« 
stitutc, 


(Yeas 
And  decided  in  the  negative,       <  |^      ' 

Those  voting  in  the  affirmative,  are, 


59 

80 


Mr.  Akin 
Allen 
Armstrong 
Atherton 
Blair 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Butler 
Cal  dwell 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 
Grain 

S.  J.  Cross 
T.  G.  C.  Davis 
Dement 


Mr.  Farwel! 
Gregg 
Hatch 
Hawley 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
James 
Kitchell 
Kreider 
Lasater 
Laughlin 
Linley 
McCully 
McHatton 
Markley 
Moffett 
Moore 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Blakely 
Bond 
Canady 
Church 
Churchill 
Constable 
R.  J.  Cross 


Mr.  D.  Davis 
Dawson 
Deitz 
Dunlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 


Mr.  Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Powers- 
Robinson 
Roman 
Rountree 
Scates 
Shumway 
Sim 

Simpson 
J.  Smith 
Stadden 
Thompson 
Tutt 
Witt 
Worcester. 


Mr.  N.  W.  Edwards 
Frick 
Graham 
Geddes 
P.  Green 
W.  B.  Green 
Harding 
Harlan 
Harper 


August  9.]         JOURNAL  OP  THE  CONVENTION. 


291 


Mr.  Harvev 
Hay    ' 
Heacock 
Hurlbut 
Huston 
Jackson 
Judd 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Loudon 
McCallen 
McClure 


Mr.  Manly 

F.  S.  D.  Marshall 

T.  A.   Marshall 

Mason 

Matheny 

Mieure 

Miller 

Minshall 

Northcott 

H.  D.  Palmer 

Peterj 

Pinckney 

Pratt 

Rives 

Robbins 

Servant 

Sharpe 

Sherman 


Mr.  Shields 
Sibley 
Singleton 
E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams 
Whiteside 
Whitney. 


On  motion, 

The  question  was  taken  on  adjourning  until  three  o'clock,  p.  M.,  and 
decided  in  the  negative. 

Mr.  Caldwell  proposed  to]  amend  the  amendment  by  substituting  there- 
for the  following: 

"  SEC.  — .  The  general  assembly  shall  be  forever  prohibited  from  pass- 
ing any  private,  special,  or  general  laws,  renewing,  extending,  or  in  any- 
wise creating  or  authorising  the  increase  of  banking  powers  or  privileges 
within  this  state;  Provided,  that  this  clause  be  submitted  as  a  separate 
section  to  the  people  at  the  election  held  for  the  adoption  of  this  consti- 
tution; and  if  such  clause,  as  a  separate  section,  shall  be  adopted  by  a 
majority  of  the  votes  cast  for  and  against  it,  then  the  same  shall  become 
a  part  of  this  constitution,  and  supersede  all  provisions  in  this  constitu- 
tion to  the  contrary,  otherwise  to  be  void.  The  general  assembly  shall 
pass  laws  imposing  adequate  penalties  on  the  circulation  of  the  paper  of 
banks  located  out  of  "this  state,  and  making  void  all  contracts,  the  consid- 
eration of  which  is  the  paper  of  such  banks,  and  all  payments  made  in  the 
notes  of  such  banks;  Provided,  that  this  clause  shall  be  submitted  as  a 
separate  section  to  the  people  at  the  election  held  for  the  adoption  of  this 
constitution,  and  if  such  clause,  as  a  separate  section,  shall  be  adopted  by 
a  majority  of  all  voting  for  and  against  it,  then  the  same  shall  become  a 
part  of  this  constitution,  otherwise  to  be  void." 

Mr.  Shields  moved  that  the  convention  adjourn  until  three  o'clock, 
r.  M. 

The  question  wa#  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Constable, 

The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  agreeing  to  the  substi- 
tute, 


56 

85 


And  decided  in  the  negative,  ?TvTeaS' 

(IN  ay  s, 


292 


JOURNAL  OF  THE  CONVENTION.        [August  9. 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Armstrong 
Atherton 
Blair 
Bond 

Bosbyshell 
Brock  man 
Brown 
Bunsen 
Butler 
Caldwell 
J.  M.  Campbel! 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 
Grain 
8.  J.  Cross 


Mr.  T.  G.  C.  Davis 

Dement 

Farwell 

Gregg 

Hayes 

Henderson 

Hill 

Hoes 

James 

Kreider 

Lasater 

Laughlin 

Linley 

McCully 

McHatton 

Markley 

Moffett 

Morris 

Nichols 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Blakely 
Canady 
Church 
Churchill 
Constable 
R.  J.  Cross 
D.  Davis 
Dawsoa 
Deitz 
Dunlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Frick 
Graham 
Geddes 
P.  Green 
W.  B.  Green 
Harding 
Harlan 
Harper 
Harvey 
Hatch 


Mr.  Hay 
Heacock 
Hogue 
Holmes 
Hurlbut 
Huston 
Jackson 
Judd 
Kenner 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Loudon 
McCallen 
McClure 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 


Mr.  Oliver 
Pace 

J.  M.  Palmer 
Powers 
Pratt 
Robinson 
Roman 
Rountree 
Scates 
Sharpe 
Sim 

Simpson 
J.  Smith 
Stadden 
Thompson 
Tott 
Webber 
WMteside. 


Mr.  Moore 
North  cott 
H.  D.  Palmer 
Peters 
Pinckney 
Rives 
Robbins 
Servant 
Sherman 
Shields 
Shumway 
Sibley 
Singleton 
E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Witt 

Whitney. 
Worcester. 


Hawley 

The  question  recurred  on  adopting  the  amendment  of  Mr.  Williams. 

Mr.  Caldwell  called  for  a  division,  so  as  to  vote  separately  on  the  firs 
proposition. 

The  question  was  taken,  and  the  convention  refused  to  order  a  divi 
si  on. 

The  question  was  taken,  by  yeas  and  nays,  on  the  amendment, 


And  decided  in  the  negative,  j 


68 
72 


August  9.]        JOURNAL  OF  THE  CONVENTION. 

• 
Those  voting  in  the  affirmative,  are, 


293 


Mr.  Akin 

Mr.  Hawley 

Allen 

Hayes 

Bond 

Henderson 

Bosbyshell 

Hill 

Brockman 

James 

Brown 

Knox 

Bunsen 

Kreider 

Butler 

Lasater 

Caldwell 

Linley 

J.  M.  Campbell 

Lockwood 

Carter 

Loudon 

F.  S.  Casey 
Z.  Casey 

McCully 
McHatton 

Churchill 

Markley 

Colby 
Constable 

Matheny 
Miller 

Crain 

Moffett 

S.  J.  Cross 

Moore 

D,  Davis 

Morris 

Dement 

Nichols 

Farwell 

Northcott 

Harding 

Oliver 
Pace 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  Harper 

Andenon 

Harvey 

Armstrong 

Hatch 

Atherton 

Hay 

Blair 

Heacock 

Blakely 

Hoes 

Canady 

Hogue 

Church 

Holmes 

R.  J.  Cross 

Hurl  but 

Dawson 

Huston 

Deitz 

Jackson 

Dunlap 

Judd 

Dunn 

Kenner 

Dunsmore 

Kitchell 

Eccles 

A.  R.  Knapp 

Edrnonson 

N.  M.  Knapp 

C.  Edwards 

Knowlton 

N.  W.  Edwards 

Lander 

Frick 

Laughlin 

Graham 

Lemon 

Geddes 

McCallen 

P.  ^reen 

McClure 

W.  B.  Green 

Manly 

Harlan 

F.  S.  D.  Marshall 

Mr.  J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Robinson 
Roman 
Scales 
Sharpe 
Sim 

Simpson 
J.  Smith 
Stadden 
Swan 
Thompson 
Turner 
Tutt 
Tuttle 
Webber 
West 
Williams 
Whiteside 
Whitney. 


Mr.  T.  A.  Marshall 
Mason 
Mieure 
Minshali 
H.  D.  Palmer 
Powers 
Rives 
Robbins 
Rountree 
Servant 
Sherman 
Shields 
Sh  urn  way 
Sibley 
Singleton 
E.  O.  Smith 
Spencer 
Thomas 
Thornton 
Trower 
Turnbuli 
Vance 
Witt 
Worcester. 


On  motion, 
The  convention  adjourned  until  three  o'clock.  P.  M. 


294 


JOURNAL  OF  THE  CONVENTION,         [August  9, 


THREE  O'CLOCK,  P.  M. 


The  convention  met  pursuant  to  adjournment,  and  was  called  to  order 
by  the  president, 

Mr.  Markley  moved  to  reconsider  the  vote  taken  this  morning   on  the 
amendment  offered  by  Mr.  Williams  to  the  24th  section. 
On  motion  of  Mr.  Markley, 

A  call  of  the  convention  was  ordered. 

The  call  having  been  proceeded  in  for  some  time,  when  it  appeared 
that  the  following  members  were  absent: 

Messrs.  Archer,  Ballingall,  Bond,  Bosbyshell,  Butler,  T.  Campbell,  Car- 
ter, Choate,  Dale,  J.  M.  Davis,  Dummer,  Evey,  H.  R.  Green,  Gregg, 
Grimshaw,  Heacock,  Hogue,  Hunsaker,  Hurlbut,  Jenkins,  Jones,  S.  Kin- 
ney,  W.  C.  Kinney,  Logan,  Norton,  Peters,  Roman,  Servant,  Vernor, 
Wead,  and  Woodsori— 31. 

The  question  was  taken,  by  yeas  and  nays*  on  the  motion  to  reconsider, 


And  decided  in  the  negative, 


(Yeas, 
{Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Brockman 

Brown 

Bun  sen 

Caldtvell 

J.  M.  Campbell 

F.  S.  Casey 

Z.  Casey 

Church 

Churchill 

Grain 

S.  J.  Cross 

D.  Davis 

T.  G.  C.  Davis 

Geddes 

Gregg 

Hardjng 

Harper 

Hayes 


Mr.  Huston 
James 
Judd 

A.  R.  Knapp 
Knowiton 
Knox 
Kreider 
Lander 
Lasater 
Linley 
McCully 
Markley 
Matheny 
Miller 
Moore 
Oliver 
Pace 
J.  M.  Palmer 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Allen 
Anderson 
Armstrong 
Atherton 
Canady 
Colby 
Constable 
Dawson 
Dement 
Dunlap 


Mr.  Dunn 

Dunsmore 

Eecles 

Edmonson 

C.  Edwards 

N.  W.  Edwards 

Frick 

Graham 

P.  Green 

W.  B.  Green 

Harlan 


55 
71 


Mr.  Pinckney 
Pratt 
Robin?on 
Roman 
Rountree 
Scates 
J.  Smith 
Stadden 
Thomas 
Thompson 
Thornton 
Tutt 
Tuttle 
Williams 
Whiteside 
Whitney 
Mr.  President 


Mr.  Harvev 
Hatch* 
Hawley 
Hay    ' 
Hill 
Hoes 
Hogue 
Holmes 
Huston 
Kenner 
Kite  hell 


A 

JlUgUSt 


JOURNAL  OF  THE  CONVENTION.  290 

Mr.  N.  M.  Knapp  Mr.  Minshall  Mr.  Sim 

Laughlin  Moffett  Simpson 

Lemon  Morris  Singleton 

Lockwood  Nichols  E.  O.  Smith 

Loud  on  Northcott  Spencer 

McCallen  H.  D.  Palmer  Swan 

McClure  Powers  Trower 

McHatton  Rives  Turner 

Manly  Robbins  Vance 

F.  S.  D.  Marshall  Sherman  Webber 

T.  A.  Marshall  Shields  Witt 

Mason]  Shumway  Worcester. 

Mieure  Sibley 

The  question  was  taken  on  the  adoption  of  the  24th  section,  and  deci- 
ded in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole 
in  the  amendments  made  to  the  25th  section,  and  decided  in  the  affirma- 
tive. 

The  question  was  taken  on  the  adoption  of  the  25th  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

On  motion  of  Mr.  F.  S.  D.  Marshall, 

The  26th  section  was  amended  by  adding  thereto  the  words  "  and  also 
an  oath  of  office." 

The  question  was  taken  on  the  adoption  of  the  2Gth  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

Mr.  Scates  moved  to  amend  the  27th  section  by  adding  thereto  the  fol- 
lowing: 

u  The  legislature  shall  have  power:— 

"To  lay  and  collect  taxes,  imposts  and  excises,  to  pay  the  debts,  and 
provide  for  the  common  defence,  support,  and  general  welfare  of  the 
state; 

•'To  borrow  money  on  the  credit  of  tlie  state; 

"  To  pass  all  laws^which  may  be  deemed  wise  and  expedient,  in  amend- 
tp.ent,  alteration,  or  abolishment  of  the  principles  of  the  common  law,  of 
equity,  maratime,  or  mercantile  law; 

"To  define  and  provide  for  the  trial  and  punishment  of  crimes  and  mis- 
demeanors, and  regulate  the  general  police  of  the  state; 

"To  provide  for  the  due  administration  of  justice,  the  execution  of  laws, 
and  the  enforcement  of  the  decisions  of  courts  of  justice,  and  such  other 
tribunals  as  may  be  established; 

"To  regulate  the  rules  of  practice,  and  of  evidence,  the  mode  of  insti- 
tuting suits  and  proceedings  against  the  state,  the  people  thereof,  and  cor- 
porations in  or  out  of  the  state; 

"To  exempt  from  attachment,  execution  and  sales  for  taxes,  or  debt, 
such  property  as  it  may  deem  wise  and  expedient; 

"To  regulate  the  descent  of  real  estate,  titles  to  the  same,  wills,  intes- 
tates, the  administration,  the  distribution  and  settlement  of  estates,  and  the 
roles  for  ascertaining  and  defining  and  enforcing  all  contracts  relative  to 
property,  real  or  personal,  or  to  individuals  or  corporations; 

"To  define  and  regulate  the  relation  and  duties  of  husband  and  wife, 
parent  and  child,  guardian  and  ward,  and  master  and  servant; 


296  JOURNAL  OF  THE  CONVENTION.        [August  9. 

"To  establish  and  regulate  counties, towns,  cities,  and  districts,  and  rules 
for  the  municipal  government  therein ; 
14  To  regulate  insolvencies; 

"To  regulate  elections; 

''To  establish  and  regulate  roads,  ferries,  and  toll-bridges,  and  internal 
improvements: 

"To  regulate  the  waters  of  the  state  and  internal  commerce; 

"To  encourage  agriculture,  the  mechanic  arts,  and  manufactures; 

"  To  promote  general  education,  the  progress  of  science,  and  the  use- 
ful arts,  by  establishing  schools,  and  institutions  of  learning,  and  such  oth- 
er means  as  may  be  deemed  wise  and  expedient; 

"To  provide  for  organizining,  arming,  disciplining,  and  calling  forth  the 
militia  to  execute  the  laws  of  the  state,  suppress  insurrections,  or  repel  in- 
vasions ; 

"To  fix  and  locate  the  seat  of  government  of  the  state,  build,  repair, 
and  preserve  a  state  house,  and  such  other  public  offices  as  may  be  neces- 
sary for  the  transaction  of  the  public  business,  and  the  preservation  of  the 
archives  and  public  records; 

"To  regulate  the  administration  of  the  several  departments  of  state,  and 
offices  connected  with  the  executive  and  other  departments; 

"To  define  and  regulate  the  duties  of  the  agents  of  the  state; 

"To  provide  for  making  a  geological  survey  of  the  state; 

uTo  provide  for  revising  the  laws  of  the  state  from  time  to  time,  and 
publishing  the  same  in  a  condensed  form; 

"To  pass  all  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  consti- 
tution in  the  government  of  this  state,  or  any  department  or  officer  there- 
of. All  which  powers  shall  be  exercised  within  the  limitations,  restrictions, 
and  prohibitions  contained  in  this  constitution; 

"And  it  is  expressly  declared  that  the  government  ordained  and  estab- 
lished by  this  constitution  is  one  of  limited  delegated  powers;  and  the  pow- 
ers not  herein  delegated  are  reserved  to  the  people,  the  source  of  all  po- 
litical power." 

Mr.  McCallen  moved  to  amend  the  amendment  by  inserting  in  the  25th 
line,  after  the  word  ** regulate,"  the  words  "the  rise  and  fall  of.'* 

The  question  was  taken,  and  the  amendment  to  the  amendment  rejec- 
ted. 

On  motion  of  Mr.  Hay, 

The  amendment  was  amended  by  inserting  the  following  between  the 
words  "  thereof,"  and  "  all,"  in  the  43d  line,— 

"  To  regulate  interest  on  money; 

"  To  regulate  marriages,  who  may  contract,  who  solemnize,  &c.; 

"  To  regulate  estrays  and  water  craft  found  adrift; 

"To  regulate  mills  and  millers; 

"  To  regulate  divorces,  what  shall  be  cause  for,  and  how  obtained; 

"To  pass  laws  to  suppress  duelling,  and  punish  those  who  may  bear 
challenges,  &c.; 

"To  regulate  weights  and  measures; 

4'  To  provide  for  the  maintenance  of  paupers  and  idiots; 


August  9.]         JOURNAL  OF  THE  CONVENTION. 


297 


"To  establish  a  lunatic  asylum  in  the  state,  and  concerning  idlers  and 
idiots." 

Mr.  Kenner  moved  to  amend  the  amendment  as  amended  by  adding 
thereto  the  following: 

"  Provided,  that  all  powers  not  delegated  to  the  legislature  in  the  con- 
stitution shall  remain  with  the  people.  But  the  legislature  shall  have  pow- 
er to  submit  any  question  of  additional  power  to  the  people  for  their  adop- 
tion or  rejection." 

Mr.  Armstrong  moved  to  amend  the  amendment  by  adding  thereto  the 
following: 

"  To  regulate  the  passing  of  boats  on  the  canals,  and  to  pass  all  other 
laws  in  reference  to  the  canals." 

The  question  was  taken,  and  the  amendment  to  the  amendment  rejec- 
ted. 

Mr.  Harvey  moved  to  amend  the  amendment  by  adding  thereto  the 
words  "and  to  pass  acts  of  incorporation  under  the  restrictions  contained 
in  this  constitution." 

The  question  was  taken  thereon,  and  the  same  rejected. 
On  motion  of  Mr.  Moffett, 

The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  amendment,  as 
amended, 


And  decided  in  the  affirmative, 


(Yeas, 
(Nays, 


31 
103 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Brown 
Bunsen 
Butler 
Caldwell 
J.  M.  Campbell 
F.  S.  Casey 
Constable 
C.  Edwards 
Farwell 
Harding 


Mr.JHogue 
James 
Judd 
Kenner 
A.  R.  Knapp 
Kreider^ 
Lasater 
Markley 
Peters 
Pratt 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Allen 
Anderson 
Armstrong 
Blair 
Bond 

Bosbyshell 
Brockman 
Canady 
Carter 
Z.  Casey 
Church 
Churchill 


Mr.  Crain 

R.  J.  Cross 

S.  J.  Cross 

D.  Davis 

T.  G.  C.  Davis 

Dawson 

Deitz 

Dement 

Dunlap 

Dunn 

Dunsmore 

Eccles 

Edmonson 


Mr.  Roman 
Scates 
Simpson 
Swan 

Thompson 
Tutt 
Williams 
Witt 

Whiteside 
Whitney. 


Mr.  N.  W.  Edwards 
Frick 
Graham 
Geddes 
P.  Green 
W.  B.  Green 
Gregg 
Harlan 
Harper 
Harvey 
Hatch  " 
Hawley 
Hay 


298  JOURNAL  OF  THE  CONVENTION.        August  9. 

Mr.  Hayes  Mr.  F.  S.  D.  Marshall  Mr.  Sharpe 

Heacock  T.  A.  Marshall  Sherman 

Henderson  Mason  Shields 

Hill  Matheny  Shumway 

Holmes  Miller  Sibley 

Hurlbut  Minshall  Sim 

Huston  Moffett  Singleton 

Jackson  Moore  E.  O.  Smith 

Kitchell  Morris  J.  Smith 

N.  M.    Knapp  Nichols  Spencer 

Knowlton  Northcott  Stadden 

Knox  Oliver  Thomas 

Lander  Pace  Thornton 

Laughlin  H.  I>.  Palmer  Trower 

Lemon  J.  M.  Palmer  Turnbull 

Lockwood  Powers  Turner 

Loudon  Kives  Tuttle 

McCallen  Robbins  Vance 

McCully  Robinson  Webber 

McClure  Rountree  Woodson 

McHatton  Servant  Worcester 

Manly  Mr.  President. 

The  question  was  taken  on  the  adoption  of  the  27th  section,  and  deci- 
ded in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  28th  section,  and  deci 
ded  in  the  affirmative. 

Mr.  Grain  moved  to  amend  the  next  succeeding   blank  section  by  ad 
ding  thereto  the   following: 

"But  may  at  any  time  repeal,  alter,  or  amend,    when  in  their  opinion 
the  public  good  requires  it,  any  charter  or   general  law,  granting    exclu 
sive  privileges  to  any  incorporation,  individual,  or  individuals   whatever.' 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative,  iNs' 

Those  voting  in  the  affirmative,  arc, 

Mr.  Armstrong  Mr.  Gregg                                  Mr.  Morris 

Blair  Haivey  Oliver 

Bosbyshell  Hatch  Pace 

Brockman  Hawley  Powers 

Bunsen  Hayes  Pratt 

Butler  Hill                                »  Robinson 

Caldwell  Hogue  Rountree 

J.  M.  Campbell  Huston  Scates 

Carter  James  Shields 

F.  S.  Casey  Kreider  Shumway 

Z.  Casey  Lasater  Simpson 

Crain  Laughlin  Stadden 

S,  J.  Cross  McCully  Thompson 

T.  G.  C.  Davis  McHatton  Tutt 

Dement  Manly  Witt 

Farwell  Markley  Whiteside 

Mr.  President. 


August  9.]          JOURNAL  OF  THE  CONVENTION.  299 

Those  who  voted  in  the  negative,  are, 

Mr.  Adams  Mr.  Hay  Mr.  Nichols 

Akin  Heacock  Northcott 

Allen  Henderson  H.  D.  Palmer 

Anderson  Holmes  Peters 

Brown  Hurlbut  Rives 

Canady  Jackson  Robbins 

Church  Judd  Roman 

Churchill  Kenner  Servant 

Constable  Kitchell  Sharpe 

R.  J.  Cross  A.  R    Knapp  Sherman 

D.  Davis  N.  M.  Knapp  Sibley 

Dawson  KnowltoH  Sim 

Deitz  Knox  Singleton 

Dunlap  Lander  E.  O.  Smith 

Dunn  Lemon       .  J.  Smith 

Dunsmore  Lockwood  Spencer 

Eccles  Loudon  Swan 

Edmonson  McCallen  Thomas 

C.  Edwards  McClure  Thornton 

N.  W.  Edwards  F.  S.  D.  Marshall  Trower 

Frick  T.  A.  Marshall  Turnbull 

Graham  Mason  Turner 

Geddes  Matheny  Tuttle 

P.  Green  Mieure  Vance 

W.  B.   Green  Miller  Williams 

Harding  Minshall  Whitney 

Harlan  Moffett  Worcester. 

Harper  Moore 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole, 
in  the  first  blank  section,  after  the  28th,  and  decided  in  the  affirmative. 

Mr.  Brockman  moved  to  amend  the  second  blank  section  after  the  28th 
section,  as  agreed  to  in  the  committee  of  the  whole,  by  striking  out  all 
after  the  word  "some,"  in  the  second  line,  and  to  insert  in  lieu  thereof 
the  words  "court  having  jurisdiction  over  the  same,  and  properly  certified 
under  seal,  by  the  clerk  thereof." 

Mr.  Shields  called  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 
On  motion  of  Mr.  Scates, 

The  same  section  was  amended  by  striking  out  all  after  the  first  word 
"state,"  in  the  second  line. 

The  question  was   taken  on  concurring    with  the  committee  of  the 
whole,  in  agreeing  to  the  same  section,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Dement, 

The  29th  section  was  amended  by  inserting  after  the  word  "purpose," 
in  tne  firgt  line,  the  following: 

"Nor  to  revive  the  charter  of  the  state  bank,  or  the  charter  of  any  other 
bank  heretofore  existing  in  this  state." 
On  motion  of  Mr.  Caldwell, 

The  same  section  was  further  amended  by  inserting  after  the  word 
"revive,"  the  words  "or  extend." 

The  question  was  taken  on  the  adoption  of  the  29th  section,  as  amen- 
ded, and  decided  in  the  affirmative. 

The   question    was   taken    on    concurring  with   the  committee  of  the 


300 


JOURNAL  OP  THE  CONVENTION.        [August  9. 


whole,  in  the  amendment  made  to  the  30th  section,  and  decided  in  the 
affirmative. 

The  question  was  taken  on  the  adoption  of  the  30th  section,  and  deci- 
ded in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole, 
in  the  first  amendment  made  to  the  31st  section,  and  decided  in  the 
negative. 

The  question  was  taken  on  concurring  with  the  same  committee,  in 
the  second  amendment  made  to  the  31st  section,  and  decided  in  the  neg- 
ative. 

Mr.  Caldwell  moved  to  amend  the  same  section,  as  amended,  by  strik- 
ing out  all  between  the  word  "exemptions,"  in  the  5th  line,  and  the 
word  "law,"  in  the  7th  line,  inclusive. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 


And  decided  in  the  negative, 


<Yeas, 

(Nays, 


27 
102 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Bosbyshell 

Caldwell 

J.  M.  Campbell 

Carter 

F.  S.  Casey 

Colby 

Grain 

S.  J.  Cross 


Mr.  T.  G.  C.  Davis 
Farwell 
Gregg 
Henderson 
Kreider 
Lasater 
McCully 
McClure 
Markley 


Those  voting  in  the  negative,  are, 


Mr.  Allen 
Anderson 
Armstrong 
Blair 
Bond 
Brockman 
Brown 
Bunsen 
Butler 
Canady 
Z.  Casey 
Church 
Churchill 
Constable 
R.  J.  Cross 
D.  Davis 
Dawson 
Deitz 
Dement 
Dunlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 


Mr.  N.  W.  Edwards 
Frick 
Graham 
Geddes 
P.  Green 
W.  B.   Green 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Hill 
Hogue 
Holmes 
Hurl  but 
Jackson 
James 
Judd 
Kenner 
Kitchell 
A.  R.  Knapp 


Mr.  Oliver 
Pace 
Peters 
Pratt 
Sim 

J.  Smith 
Stadden 
Thompson 
Mr.  President. 


Mr.  F.  M.  Knapp 
Knowlton 
Knox 
Lander 
Laugh  lin 
Lemon 
Lockwood 
Loudon 
McCallen 
McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
H.  D.  Palmer 
Pinckney 
Powers 


August  10.]       JOURNAL  OF  THE  CONVENTION.  301 

Mr.  Rives  Mr.  Singleton  Mr.  Tultle 

Robbins  E.  O.  Smith  Vance 

Robinson  Spencer  Webber 

Rountree  Swan  West 

Scates  Thornton  Williams 

Servant  Trower  Witt 

Shields  Turnbull  Whiteside 

Shumvray  Turner  Whitney 

Simpson  Tutt  Worcester. 

Mr.  Scales  moved  to  amend  the  same  section,  by  inserting  after  the 
word  "law,"  in  the  7th  line,  the  words  "Provided,  the  foregoing  provi- 
sions shall  not  be  construed  to  extend  to  corporations." 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Scates, 

The  last  vote  was  reconsidered. 

Mr.  Shields  moved  to  reconsider  the  vote  on  concurring  with  the  com- 
mittee of  the  whole,  on  striking  out  part  of  the  section. 
On  motion  of  Mr.  Constable, 

The  rules  were  suspended  for  the  time,  when  he  introduced  the  follow- 
ing resolution;  which  was  adopted: 

Resolved,  That  the  use  of  this  hall  be  allowed  to  Charles  H.  Gaylor, 
Esq.,  for  Wednesday  evening  next,  for  the  delivery  of  an  introductory 
lecture  on  the  subject  of  human  magnetism,  arrd  that  he  be  allowed  the 
use  of  the  senate  chamber  for  the  delivery  of  an  entire  course  of  lectures 
on  that  subject. 

On  motion, 

The  convention  adjourned. 

TUESDAY,   AUGUST  10,  1847. 

The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Palmer  of  Marshall,  a  member. 

The  journal  of  yesterday  was  read. 

Mr.  Robbins  presented  the  petition  of  R.  H.  Richardson  and  three 
others,  citizens  and  qualified  voters  of  the  state  of  Illinois,  praying  for  an 
exemption  of  a  homestead  of  160  acres  of  land,  or  a  town  lot  of  one  acre, 
with  the  improvements,  from  mortgage  and  forced  sale,  for  any  debt  or 
liability  entered  into  from  and  after  the  adoption  of  the  constitution;  also, 
that  provision  be  made  to  secure  families  a  more  liberal  amount  of  personal 
property. 

The  reading  was  dispensed  with,  and 

Mr.  Robbins  moved  to  refer  the  petition  to  the  committees  on  Law 
Reform  and  Miscellaneous  Subjects  and  Questions,  with  instructions  to 
report  an  article  as  an  amendment  to  the  constitution,  to  be  submitted  to 
the  people  separately,  and  to  contain  in  substance  the  following  propo- 
sition, to  wit: 

From  and  after  the  first  day  of  January,  1849,  a  homestead  to  each  and 
every  family  in  the  state,  consisting  of  a  farm  not  exceeding  eighty  acres 
of  land,  not  exceeding  in  value  eight  hundred  dollars;  or  a  town  or  city 


JOURNAL  OF  THE  CONVENTION.        [Augutt  10. 

lot  with  its  appurtenances,  not  exceeding  in  value  eight  hundred  dollars, 
shall  forever  be  exempt  from  execution  and  from  all  liability   whatever, 
in  consequence  of  debts  thereafter  contracted. 
On  motion  of  Mr.  Robbins, 

The  subject  was  laid  OR  the  table. 

Mr.  Bond  moved  that  the  rules  be  temporarily  suspended  to  enable  him 
to  introduce  a  resolution. 

The  question  was  taken,  and  the  convention  refused  to  suspend  the 
rules. 

Mr.  Hayes  made  a  like  motion. 

The  question  was  taken,  and  Ihcj  convention  refused  to  suspend  the 
rules. 

The  question  pending,  when  the  convention  adjourned  on  yesterday 

was  on  the  motion  of  Mr.  Shields  to  reconsider  the  vote  taken  on  concur 

ring  with  the  committee  of  the  whole,  in  striking  out  a  portion  of  the  31« 

section;  which  was  taken  and  decided  in  the  affirmative. 

On  motion  of  Mr.  Williams, 

The  snme  section  was  amended  by  striking  out  all  after  the  wore 
"pass,"  in  the  7th  line. 

On  motion  of  Mr.  Scates, 

The  same  section  was  amended  by  adding  after  the  words  "the  genera 
assembly  shall  have  no  power  to,"  the  words  "suspend  any  general  law 
for  the  benefit  of  any  particular  individual,  nor  to  pass  any  law  for  the 
benefit  of  individuals  inconsistent  with  the  general  laws  of  the  land." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  sec 
tion,  as  amended, 

And  decided  in  the  negative, 

Those  voting  in  the  affirmative,  are, 

Mr.  Bond  Mr.  Hawley  Mr.  H.  D.  Palmer 

Brockman  Heacock  Pratt 

Bunsen  Hill  Robinson 

Butler  Hogue  Rountree 

Caldwell  Huston  Scateg 

J.  M.  Campbell  James  Shields 

Canady  Kenner  Shumway 

Carter  Kreider  Sim 

F.  S.  Casey  Lasater  Simpson 

Z.  Casey  Linley  J.  Smith 

Churchill  McCully  Thompson 

Colby  McHatton  Thornton 

Grain  Markley  Turnbull 

Dement  Morris  Tutt 

Dunn  Nichols  Witt 

Dunsmore  Northcott  Whiteside 

Gregg:  Oliver  Mr.  President. 

Harding  Pace 


August  10.]       JOURNAL  OF  THE  CONVENTION.  303 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Harper  Mr.  Miller 

Akin  Harvey  Minshall 

Allen  Hatch  Motfett 

Anderson  Hay  Moore 

Armstrong  Hajes  Peters 

Blair  Henderson  Pinckney 

Blakely  Holmes  Powers 

Bosbyshell  Hurlbut  Rives 

Brown  Jackson  Robbins 

Church  Jenkins  Roman 

Constable  Kitchell  Sharpe 

R.  J.  Cross  A.  R.  Knapp  Sherman 

Dale  Knowlton  Sibley 

Dawson  Knox  Singleton 

Deitz  Lander  E.  O.  Smith 

Dunlap  Laughlin  Spencer 

Eccles  Lemon  Stadden 

Edmonson  Lockwood  Swan 

C.  Edwards  Logan  Thomas 

N.  W.  Edwards  Loudon  Trower 

Frick  McCallen  Turner 

Graham  McClure  Tuttle 

Geddes  F.  S.  D.  Marshall  Vance 

H.  R.  Green  T.  A.  Marshall  Webber 

P.  Green  Mason  West 

W.  B.  Green  Matheny  Whitney 

Harlan  Mieure  Worcester. 

On  motion  of  Mr.  R.  J.  Cross, 

The  amendment  made  by  the  committee  of  the  whole  to  the  23d  sec- 
tion was  amended  by  striking  out  the  word  "may,"  and  by  inserting  in 
lieu  thereof  the  word  ktshall." 

Mr.  Thomas  moved  to  amend  the  same  amendment  by  striking  out  the 
word  "regular,"  and  by  inserting  in  lieu  thereof  the  word  "biennial." 

The  question  was  ^ken,  and  the  amendment  rejected. 

The  question  was  taken,  on  concurring  with  the  committee  in  the 
amendments  made  to  the  3^d  section,  and  decided  in  the  affirmative. 

Mr.  Lockwood  moved  to  amend  the  same  section  by  striking  out  the 
two  first  lines  and  the  first  four  words  of  the  third  line. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Peters  moved  to  amend  the  same  section  by  striking  out  the  words 
"and  every  tenth  year  thereafter." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken  on  the  adoption  of  the32d  section,  as  amended, 
and  decided  in  the  affirmative. 

Mr.  Knowlton  moved  to  amend  the  first  blank  section  following  the 
3'Jd  section,  as  agreed  to  in  committee  of  the  whole,  by  striking  out  all 
after  the  word  "districts,"  in  the  4th  line,  and  to  strike  out  the  words 
''•shall  be  divided,"  and  to  insert  in  lieu  of  them  the  words  "may  by  law 
be  erected." 

On  motion  of  Mr.  Pratt, 

The  previous  question   was  ordered. 

The  question 'was  taken  on  the  adoption  of  the  amendment,  and  deci- 
ded in  the  affirmati  v  e 


304  JOURNAL  OF  THE  CONVENTION.      [August  10. 

The  question  was  taken  on  the  adoption  of  the  same   additional  section, 
as  amended,  and  decided  in  the  affirmative. 

Mr.  McCallen  moved  to  reconsider  the  last  vote  taken. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  E.  O.  Smith  moved  to  amend  the  succeeding  blank  section  bj  stri- 
king out  the  words  "senatorial  and,"  and  the  words  " senator  or." 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 

THREE  O'CLOCK,  p.  M. 


The  convention  assembled  pursuant  to  adjournment. 

The  question  pending  when  the  convention  adjourned  this  morning 
was  on  the  amendment  proposed  hy  Mr.  E.  O.  Smith,  to  amend  the  sec 
ond  blank  section  succeeding  the  32d  of  the  report  of  the  committee  on  the 
Legislative  Department,  as  amended  in  committee  of  the  whole. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Thomas  moved  to  amend  the  blank  section  by  striking  out  th< 
word  "not,"  in  the  2d  line,  and  also  to  strike  out  the  words  "computec 
but  shall  be  added  together  and." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Whiteside  moved  to  amend  the  same  blank  section  by  adding 
thereto  the  following  proviso: 

"Provided,  that  each  senatorial  district  shall  have  not  less  than  thre 
representatives;  which  district  may  be  subdivided  for  representative  dis 
tricts." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Deitz  moved  to  amend  the  same  blank  section  by  striking  out  th 
words  <;has  the  largest  white  population,"  and  to  insert  in  lieu  thereof  th 
words  "including  such  excess  would  be  entitled  to  a  member." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  the 
committee  of  the  whole,  in  the  adoption  of  the  same  blank  section,  as 
amended, 

And  decided  in  the  affirmative,  jjay?,    '. 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  R.  J.  Cross  Mr.  Geddes 

Atherton  D.  Davis  H.  R.  Green 

Blair  Dawson  P.  Green 

Blakely  Deitz  W.  B.  Green 

Bond  Dunsraore  Harding 

Brown  Eccles  Harper 

Bunsen  C.  Edwards  Hawley 

J.  M.  Campbell  N.  W.  Edward*  Hay 

Canady'  Evey  Hill 

Z.  Casey  Frick  Holmes 

Church  Graham  Hurlbut 
Crain 


August  10.]      JOURNAL  OF  THE  CONVENTION. 


305 


Mr.  Huston 
Jackson 
Jenkins 
Kenner 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Matheny 


Mr.  Mieure 
Miller 
Minshall 
Moffet 
Morris 
Northcott 
H.  D.  Palmer 
Pinckney 
Rives 
Robinson 
Roman 
Rountree 
Servant 
Sharpe 
Shumway 
Sibley    ' 
Sim 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Bosbysheil 
Brockman 
Butler 
Caldwell 
Carter 
F.  S.  Casey 
Churchill 
Colby 
S.  J.  Cross 
T.  G.  C.  Davis 
Dement 
Dunlap 
Edmonson 
Gregg 


Mr.  Harlan 
Harvey 
Hatch 
Hayes 
Heacock 
Henderson 
Hogue 
James 
Kitchell 
A.  R.  Knapp 
Knowlton 
Lasater 
Laughlin 
Linley 
McCailen 
McCully 
Me  C  lure 
Markley 


Mr.  Simpson 
Singleton 
E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
Williams 
Whiteside 
Whitney 
Worcester. 


Mr.  Mason 
Moore 
Nichols 
Oliver 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robbins 
Scatea 
Sherman 
J.  Smith 
Stadden 
Thompson 
Tutt 
Witt 
Mr.  President. 


Mr.  N.  W.  Edwards  moved  to  amend  the  first  amendment  made  by  the 
committee  of  the  whole  to  the  T<3d  section,  by  striking  out  the  words  "the 
4 'expenditures  of  the  government  for  any  given  period  shall  never,"  in  the 
first  line,  and  to  insert  in  lieu  thereof  the  words  "each  general  assembly 
shall  provide  for  all  the  appropriations  necessary  for  the  ordinary  and 
contingent  expenses  of  the  government,  until  the  adjournment  of  the 
next  regular  session;  the  aggregate  amount  of  which  shall  not  be  increas- 
ed without  a  vote  of  two-thirds  of  each  house,  nor." 

The  question  was  taken,  and  decided  in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  committee  of  the 
whole  in  the  first  amendment  to  the  33d  section,  as  amended,  and  deci- 
ded in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  same  committee  in  the 
second  amendment  to  the  same  section,  and  decided  in  the  affirmative. 

The  question  was  taken  on  concurring   with  the   same    committee   in 
the  next  amendment  made,  by  striking  out  the  words  "and  against  it," 
and  inserting  in  lieu  thereof  the  words  "members  of  the  general  assembly," 
and  decided  in  the  affirmative. 
20 


306  JOURNAL  OF  THE  CONVENTION.      {August  10 

Mr.  Harvey  moved  to  amend  the  last  amendment  made  by  the  con 
mittee  of  the  whole  to  the  33d  section,  by  inserting  after  the  word  "law, 
in  Hie  12-th  line,  the  words  "providing  for  the  payment  of  such  interest  b 
such  tax/'  and  also  by  inserting  after  the  word  "irrepealable,"  in  the  13t 
line,  the  words  "until  such  debt  be  paid. 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Witt  moved  to  amend  the  same  amendment  by  striking  out  th 
words  iC  which  law,  providing  for  the  payment  of  such  interest  by  such  tai 
shall  be  irrepealable  until  such  debt  be  paid." 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative,  >         •  j 

Those  voting  in  the  affirmative,-  are, 

Mr.  Allen  Mr.  T.  G.  C.  Davis  Mr.  Kreider 

Armstrong  Demen  Lasater 

Atherton  Eilmonsoi  Loudon 

Brockman  Farwell  McCallen 

Butler  Heacock  Markley 

Caldwell  Ho*ue  Webber 

J.  M.  Campbell  James  Witt 

F.  S.  Casey  Jenkins  Whitney. 
Grain 

Those  voting  in  the  negative,  are, 

Mr.  Anderson  Harvey  Mr.  Miller  i 

Blair  Hatch  Mmshall 

Bond  Hawley  Moffett 

Bosby  shell  Hay  Moore 

Biown  Hayes  Morris 

Bunsen  Henderson  Nichols 

Canady  Hill  Northcott 

Zadok  Casey  Hoes  Oliver 

Church  Hurlbut  H.  D.  Palmer 

Churchill  Huston  J.  M.  Palmer 

Colby  Jackson  Peters 

R.  J.  Cross  Judcl  Pinckney 

D.  Davis  Kenner  Powers 

Dawson  A.  R.  Knapp  Pratt 

Dunlap  N.  M.  Knapp  Rives 

Dunn  Knowlton  Bobbins 

Dunsmore  Knox  Robinson 

Eccles  Lander  Roman 

C.  Edwards  Lauglilin  Rountree 

N.  W.  Edwards  Lemon  Servant 

Evey  Lockwood  Sherman 

Friok  Lo^an  Shields 

Graham  McCully  Shumway 

Glides  MrClure  Sibley 

H.  R.  Green  McHatton  Sim 

P    Green  Manly  Simpson 

W.   B.  Green  F.  S.  D.  Marshall  E.  O.  Smith 

Grog's  T.   A.  Marshall  Spencer 

Haming  Mason  Stadden 

Harlan  Matheny  Swan 

Harper  Mieure  Thomas 


August  10.]       JOURNAL  OF  THE  CONVENTION.  307 

Mr.  Thompson  Mr.  Turner  Mr.  Williams 
Thornton                                    Tutt  Whiteside 

Trower  Tuttle  Worcester   1 

Turnbull  Vance  Mr.  President. 

Th^  question  was  taken  on  concurring  with  the  committee  of  the 
whole  in  the  last  amendment  made  to  the  33d  section,  as  amended,  and 
decided  in  the  affirmative. 

Mr.  Kenner  moved  to  amend  the  same  section,  as  amended,  bystriking^ 
out  all  after  the  word  "contracted,"  in  the  7th  line. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  E.  O.  Smith  moved  to  amend  the  same  section,  as  amended,  by 
adding  thereto  the  following  proviso: 

"Prorided,  that  no  act  of  the  legislature  shall  be  referred  to  the  govern- 
•or  for  his  approval,  which  under  the  provisions  of  this  section  is  to  be 
submitted  to  the  people  for  their  approval." 

The  question  was   taken,  and  the  amendment  rejected. 

Mr.  Thomas  moved  to  reconsider  the  vote  taken  on  the  3d  amendment 
made  by  the  committee  of  the  whole  to  the  33d  section. 

The  question  was  taken,  and  decided  in  the  cegative. 

Mr.  Kenner  moved  to  amend  the  same  section,  as  amended,  by  striking 
out  all  after  the  word  "may,"  in  the  t>d  line,  to  the  word  "to,"  at  the  end 
of  the  5th  line,"  and  to  insert  in  lieu  thereof,  the  words  "contract  debts," 
and  further  to  amend  by  inserting  after  the  word  "pledged,"  in  the  7th 
line,  the  words  "and  no  other  debt." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  33d  section,  as  amended, 
and  decided  in  the  affirmative. 

Mr.  Markley  moved  to  amend  the  34th  section  by  adding  thereto  the 
following: 

"Nor  shall  the  legislature  have  power  in  any  manner,  directly  or  indi- 
rectly, to  pass  any  la^v  or  laws  conferring  a  monopoly  or  monopolies  upon 
any  persons  within  this  state." 

Mr.  CaMwell  moved  to  amend  the  amendment  by  substituting  therefor 
the  following: 

'•Sec.  — -.  The  general  assembly  shall  be  forever  prohibited  from  pass- 
ing any  private,  special  or  general  law,  renewing,  extending,  or  in  any- 
wise creating  or  authorizing  the  exercise  of  banking  powers  or  privileges 
within  this  state;  Provided,  that  the  foregoing  clause  be  submitted  as  a 
separate  section  to  the  people,  at  the  election  held  for  the  adoption  of 
this  constitution,  and  every  ten  years  thereafter,  and  when  the  same  shall 
be  adopted  by  a  majority  of  the  votes  cast  for  and  against  it,  then  such 
clause,  as  a  separate  section,  shnll  become  a  part  of  this  constitution  and 
supersede  all  other  provisions  herein  to  the  contrary,  subject  to  be  sub- 
mitted and  voted  on  as  above  prescribed." 
On  motion  of  Mr.  R.  J.  (Jtoss, 

The  question  was  taken,  by  yeas  and  nays,  on  laying  the  amendment 
and  substitute  therefor  on  the  table, 

And  decided  in  the  affirmative,  $^eas'  fl 


308 


JOURNAL  OF  THE  CONVENTION.        [August  10 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Blair 
Canady 
Church 
Churchill 
R.  J.  Cross 
D.  Davis 
Dawson 
Deitz 
Dement 
Dunlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Gedues 
H.  R    Green 
P.  Green 
W.  B.  Green 
Harding 
Harlan 
Harper 


Mr.  Harvey 
Hatch 
Hawley 
Hay    ' 
Hogue 
Hurlbut 
Huston 
Jackson 
Judd 
Kenner 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
MeCallen 
McClure 
McHatton 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 


Those  voting  in  the  negative, 


Mr.  Akin 
Allen 
Armstrong 
Atherton 
Bond 

Bosbysheli 
Brockman 
Brown 
Bunsen 
Butler 
Caldwell 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby    ' 
Crain 
S.  J.  Cross 


Mr.  Farwell 
Gregg 
Hayes 
Henderson 
Hill 
Hoes 
James 
Jenkins 
Kreider 
Lasater 
Laugh  1  in 
Me  Cully 
Manly 
Markley 
Nichols 
Oliver 

J.  M.  Palmer 
Powers 


Mr.  Mieure 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
H.  D.  Palmer 
Peters 
Pinckney 
Rives 
Robbins 
Servant 
Sherman 
Shumway 
Sibley 
E.  O.  Smitb 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tuttle 
Vance 
Whitney. 


Mr.  Pratt 
Robinson 
Roman 
Rountree 
Shields 
Sim 

Simpson 
J.  Smith 
Stadden 
Thompson 
Tutt 
Webber 
Williams 
Witt 

Whiteside 
Worcester 
Mr.  President. 


Mr.  Whiteside  moved  to  amend  the  34  Ih  section  by  adding  thereto  t 
following. 

"  And  each  county  in  the  state,  which  has  not  a  representative  by  a 
portionment,  shall  be  entitled  to  one  in  the  most  numerous  branch  of  t 
legislature;  Provided,  such  county  will  elect  and  pay  such  represen 
tive." 

On  motion, 

The  convention  adjourned. 


iugust  11.]      JOURNAL  OF  THE  CONVENTION.  30!) 


WEDNESDAY,  AUGUST  11,  1847. 


Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  H.  D.  Palmer,  a  member. 

The  journal  of  yesterday  was  read. 

Mr.  Grain,  from  the  committee  on  Miscellaneous  Subjects  and  Ques- 
tions, to  which  had  been  referred  various  petitions  praying  that  a  con- 
stitutional provision  be  made  exempting  from  sale  by  judgment  and  ex- 
ecution the  homestead  of  each  family,  made  the  following  report: 

ARTICLE  — , 

SKCTION  1.  There  shall  be  exempt  from  judgment,  execution  and  forced 
tale,  for  the  payment  of  debts,  (contracted  after  the  adoption  of  this  con- 
stitution) to  the  head  of  every  family,  he  or  she  being  a  cultivator  of  the 
soil  and  residing  with  his  or  her  family,  the  homestead  on  which  he  or 
she  may  reside,  not  to  exceed  in  quantity  eighty  acres  of  land,  nor  in  value 
five  hundred  dollars,  including  the  improvements  thereon.  The  value  to 
be  ascertained  as  the  legislature  shall  direct. 

SEC.  2.  In  all  cases  where  eighty  acres,  or  any  fractional  division  over 
forty  acres,  with  the  improvements  thereon,  shall  exceed  in  value  five  hun- 
dred dollars,  then  forty  acres,  together  with  its  improvements,  not  to  ex- 
ceed in  value  five  hundred  dollars,  shall  be  exempt  from  execution  and 
forced  sale. 

SEC.  3.  There  shall  be  exempt  from  execution  and  forced  sale  to  me- 
chanics and  others  being  the  heads  of  families  and  living  with  the  same, 
in  any  city,  town  or  village,  one  lot  of  ground  of  the  ordinary  size  in 
such  city,  town  or  village  where  the  same  may  be  situated,  together  with 
the  improvements  thereon,  not  to  exceed  in  value  five  hundred  dollars. 

SEC.  4.  Where  such  town  lot,  together  with  its  improvements,  shall  ex- 
ceed in  value  five  hundred  dollar?,  and  be  susceptible  of  division,  then 
only  so  much  shall  be  exempt  as  shall  be  appraised  to  five  hundred 
dollars. 

On  motion  of  Mr.  Stadden, 

The  report  was  laid  on  the  tabb,  and  250  copies  ordered  to  be  printed 
for  the  use  of  the  convention. 

Mr.  Hayes,  from  the  committee  on  Law  Reform,  reported  the  following 
article  as  suitable  to  be  engrafted  in  the  amended  constitution: 

ARTICLE  — . 

SECTION  1.  It  shall  be  the  duty  of  the  general  assembly  to  provide  for 
a  codification  of  the  laws,  and  after  the  year  1870,  neither  the  common 
law,  nor  any  English  statute,  not  re-enacted,  shall  be  in  force,  or  regarded 
by  the  courts,  except  to  aid  in  the  exposition  and  construction  of  the  laws 
of  this  state. 


310 


JOURNAL  OF  THE  CONVENTION.        [August  II 


SEC.  2.  All  the  laws  shall  be  published  for  the  information  of  the  peo 
pie,  and   no  foreign  statute   shall   hereafter  be    passed  or  adopted  by  the 
general  assembly  unless  the  same  be  lirst  reduced  to  writing. 

SEC.  3.  No  official  writing,  or  executive,  legislative,  or  judicial  proceed 
ing  shall  be  had,  conducted,  preserved,  or  published,  in  any  other  than  the 
English  language. 

SEC.  4.  In  all  suits  in  chancery  the  evidence  shall  be  taken  as  in  suits 
at  law. 

SEC.  5.  The  general  assembly  shall  never  pass  any  law  of  primogeni- 
ture. 

On  motion  of  Mr.  Hayes, 

The  report  was  laid  on  the  table,  and  250  copies  ordered  to  be  printer 
for  the  use  of  the  convention. 

Mr.  Caldwell  moved  to  suspend  the  rules  temporarily,  and  to  lay  the 
written  report  of  the  committee,  made  as  an  argument  in  support  of  the 
article  submitted,  on  the  table,  and  to  order  the  printing  of  250  copies 
thereof  for  the  use  of  the  convention. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Moffett  moved  that  the  rules  be  temporarily  suspended  to  enable 
him  to  offer  a  resolution. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  pending   when  the  convention  adjourned  on  yesterday 
was  on  the  amendment  offered  by  Mr.  Whiteside  to  the  34th  section  o 
the  report  of  the  Legislative  committee,  as  amended  in  committee   of  the 
whole. 

Mr.  Whiteside  modified  the  amendment,  by  adding  thereto  the  fol 
lowing: 

'•dnd  provided  further,  that  if  any  county  shall  elect  a   representative 
according  to  the  foregoing  provision,  then  such  county  shall  not  be   enti- 
tled to  vote  for  a  representative  with  any  other  county,  under  the  appor- 
tionment made  by  law,  at  the  same  election." 
On  motion  of  Mr.  Butler, 

The  previous  question  was   ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 

.  22 


And  decided  in  the  negativer   -     - 
Those  voting  in  the  affirmative,  are, 


115 


Mr.  Atherton 
Bond 
Brown 
Caldwell 
J.  M.  Campbell 
Crain 

S.  J.  Cross 
t)ement 


Mr.  P.  Green 
James 
Jenkins 
Kenner 
Mason 
Mieure 
Miller 


Mr.  Pace 
Pratt 
Rountree 
Spencer 
Williams 
Witt 
Whiteside* 


'August  II.]         JOURNAL  OF  THE  CONVENTION. 


311 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 
Blair 

Brockman 
Bunsen 
Butler 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 
Colby 
Constable 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.   G.   C.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eecles 
Edmonson 
C.  Edwards 
N.  W.  Edwardi 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
W.  B.  Green 
Gregg 
Harding 


Mr.  Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Hogue 
Holmes 
Hurl  but 
Huston 
Jackson 
Judd 

A.  R.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Linley 
Lock-wood 
Logan 
McCallen 
McCuIly 
McClure 
McHatton 
Manly 
Mark  ley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Matheriy 
Minshali 


Mr.  Moffett 
Moore 
Morris 
Nichols 
Northcott 
Oliver 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Powers 
Rives 
Robbins 
Robinson 
Scates 
Servant 
Sharpe 
Sherman 
Shields 
Shumway 
Sibley    ' 
Sim 

Simpson 
Singleton 
E.  O.  Smith 
J.  Smith 
Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
TuUle 
Vance 
Webber 
Mr.  President. 


The  question  was  taken,  and  the  34th  section,  as  amended,  adopted. 

The  question  was  taken  on  concurring  with  the  committee  of  the 
whole,  on  inserting  after  the  word  u  printing,"  in  the  second  line,  of  the 
35th  section,  the  word  «'  binding,"  and  decided  in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  same  committee  in  the 
next  Amendment  to  the  same  section,  and  decided  in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  same  committee  on  in- 
serting the  word  4-  shall,"  in  the  4th  line  of  the  same  section,  and  decided 
in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  same  committee  in  ad- 
ding the  proviso  at  the  end  of  the  same  section,  and  decided  in  the  affirma- 
tive. 

Mr.  Brockman  moved  to  amend  the  same  section,  as  amended,  by 
striking  out  the  word  "  printing,''  and  by  adding  at  the  end  of  the  section 
the  words  "  there  shall  be  elected,  by  the  qualified  electors  of  this  state, 
a  public  printer,  whose  term  of  oflice  shall  be  two  years;  and  whose  fees 
of  office  shall  be  defined  by  the  legislature," 


312  JOURNAL  OF  THE  CONVENTION.      [August  11. 

On  motion  of  Mr.  Lockwood, 

The  main  question  was  ordered. 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken,  and  the  35th  section,  as  amended,  adopted. 

Mr.  Williams  offered  the  following  as  an  additional  section: 

"  SEC.  36.  The  general  assembly  shall  have  no  power  to  pass  any  law 
whereby  any  person  shall  be  deprived  of  life,  liberty,  property,  or  fran- 
chises, without  trial,  judgment,  or  decree  in  some  usual  and  regular  judi- 
cial tribunal;  Provided,  that  revenue,  taxes,  and  assessments,  may  be  col- 
lected,  and  private  property  may  be  taken  and  applied  to  public  use,  and 
persons  and  property  shall  be  subject  to  arrest  and  seizure,  for  purposes  oi 
trial,  judgment  or  decree,  and  persons  may  be  punished  for  contempts,  by 
such  tribunals,  and  in  such  manner  as  the  general  assembly,  by  genera! 
and  uniform  laws,  may  provide;  And  provided  further,  that  franchises  of 
land  sold  without  judgment,  for  taxes  asserting  title  by  virtue  of  such  pur- 
chase as  against  the  title  of  the  original  owner,  or  person  claiming  title 
or  possession  under  such  owner,  shall  be  required  to  prove,  in  order  to  sus- 
tain the  title  asserted  as  aforesaid,  that  the  land  was  subject  to  taxation 
when  assessed,  and  that  the  same  was  assessed  and  sold  conformably  to 
law." 

Mr.  Scales  moved  to  amend  the  amendment  by  striking  out  the  words 
"life,  Hbeity." 

Mr.  Anderson  moved  the  previous  question. 

The  question  was  taken,  and  the  convention  refused  to  order  the  pre- 
vious question. 

Mr.  Scates  withdrew  his  amendment. 
On  motion  of  Mr.  Lockwood, 

The  amendment  was  amended  by  striking  out  the  words  "that  the  land 
was  subject  to  taxation  when  assessed  and." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  pro- 
posed section, 

. ,    ,  .     .,  ..  (Yens,  .          .          .          .65 

And  decided  in  the  negative,       <M> 

/i\ays,  «...      oo 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Hay  Mr.  Peters 

Anderson  Heacock  Pinckney 

Bond  Hoes  Pratt 

Bosbyshell  Holmes  Rives 

Brockman  Hurlbut  Roman 

Brown  Judd  Servant 

Church  Kenner  Sibley 

R.  J.  Cross  A.  R.  Knapp  Simpson 

D.  Davis  Knowltoa  Singleton 

J.  M.  Davis  Knox  Spencer 

Dawson  Lander  Stadden 

Dumtner  Lemon  Swan 

Dunlap  Linley  Thomas 

Dunsmore  Logan  Thornton 

C.  Edwards  McCallen  Turnbull 

N.  W.  Edwards  Mason  Turner 

Graham  Matheny  Tuttle 

Geddes  Miller  Vance 

P.  Green  Minshall  Williams 

Gregg  Northcott  Whitney 

Harding  Oliver  Worcester. 

Harlan  J-  M.  Palmer 


August  11.]       JOURNAL  OF  THE  CONVENTION. 
Those  voting  in  the  negative,  are, 


313 


Mr.  Akin 
Allen 
Armstrong 
Atherton 
Blair 
Blakely 
Bunsen 
Butler 

J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Churchill 
S.  J.  Cross 
Deitz 
Dunn 
Eccles 
Edmonson 
Frick 

H.  R.  Green 
Harper 


Mr.  Harvey 
Hatch 
Hawley 
Henderson 
Hill 
Hogue 
Huston 
Jackson 
James 
Jenkins 
Kreider 
Lasater 
Laughlin 
Lockwood 
Loudon 
Me  Cully 
McClure 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 


Mr.  Moffett 
Moore 
Morris 
Nichols 
Pace 

H.  D.  Palmer 
Powers 
Bobbins 
Robinson 
Rountree 
Scates 
Sharp  e 
Shields 
Shumway 
Sim 

E.  O.  Smith 
J.  Smith 
Trower 
Tutt 
Witt 

Whiteside 
Mr.  President. 


Mr.  Robbins  moved  the  following  as  an  additional  section: 

"SEC.  36.  The  general  assembly  shall  have  no  power  to  alter  or  amend 
any  bank  charter,  while  the  same  may  be  in  force  in  ihis  state;  nor  shall 
any  act,  passed  by  the  general  assembly  for  the  purpose  of  creating  a  bank, 
be  submitted  to  the  people  for  their  ratification  or  rejection  until  the 
same  shall  have  been  published  for  at  least  six  consecutive  weeks  in  the 
public  newspaper  printed  at  the  seat  of  government  in  this  state." 

Mr.  Singleton  moved  to  strike  out  all  after,  and  including  the  word 
"until." 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 


(Yeas, 
{Nays, 


6 
128 


Those  voting  in  the  affirmative,  are, 


Mr.  R.  J.  Cross 
Hay 


Mr.  Kenner 
Roman 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 
Atherton 
Blair 
Blakely 
Bond 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Butler 


Mr.  J.  M.  Campbell 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 
Crain 

S.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 


Mr.  Singleton 
Williams. 


Mr.  Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Gregg 
Harding 


314 


JOURNAL  OF  THE  CONVENTION.        [August  11 


Mr.  Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hayes 
Heacock 
Henderson 
Hill 
Hogue 
Holmes 
Hurlbut 
Huston 
Jackson 
James? 
Jenkins 
Judd 

A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Linley 
Lockwood 
Logan 
Loudon 


Mr.  McCallen 
McCully 
McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
MofFett 
Moore 
Morris 
Nichols 
Northcott 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Powers 
Pratt 
Rives 
Robbing 
Robinson 


Mr.  Roan  tree 
Scales 
Servant 
Sharpe 
Sherman 
Shieldsj 
Shumway 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Witt 

Whiteside 
Whitney 
Worcester 
Mr.  President. 


On  motion  of  Mr.  Hurlbut, 
The  question   was  taken,  by  yeas  and  nays,  on  laying  the  proposed 
section  on  the  table, 


And  decided  in  the  affirmative, 


(Yeas, 
(Nays, 


93 
40 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 
Blair 
Blakely 
Brockman 
Butler 
Canady 
Z.  Casey 
Church 
Churchill 
R.  J.  Cross 
T.  G,  C.  Davis 
Deitz 
Dummer 
Dunlap 
Dunn 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Graham 


Mr.  Geddes 

H.  R.  Green 

Gregg 

Harding 

Harlan 

Harper 

Harvey 

Hawley 

Hay 

Hayes 

Hill 

Hoes 

Hogue 

Holmes 

Hurlbut 

Huston 

Jackson 

Kenner 

A.  R.  Knapp 

Knowlton 

Knox 

Lander 

Laughlin 

Linley 

Loudon 


Mr.  McCallen 
McCully 
McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Matheny 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
Oliver 

J.  M.  Palmer 
Peteis 
Pinckney 
Powers 
Rives 
Robinson 
Servant 
Sharpe 
Sherman 
Sibley 
Sim 


I 


August  11.]        JOURNAL  OF  THE  CONVENTION.  315 

Mr.  Simpson  Mr.  Swan  Mr.  Tuttle 
Singleton                                     Thomai  Vance 

E    O.  Smith  Trower  Williams 

J.  Smith  Turnbull  Whitney 

Spencer  Turner  Worcester 

Stadden  Tutt  Mr.  President. 

Those  voting  in  the  negative,  are, 

Mr.  Atherton  Mr.  Hatch  Mr.  Nichols 

Bond  Henderson  Pace 

Bosbyshell  James  H.  D.  Palmer 

Brown  Jenkins  Pratt 

Bunsen  Judd  Bobbins 

J.  M.  Campbell  Kreider  Roman 

F.  8.  Casey  Lasater  Rountree 

Crain  Lockwood  Scates 

S.  J.  Cross  Logan  Shields 

D.  Davis  McClure  Shumway 

Dawson  Markley  Thornton 

Dement  Mason  Witt 

Dunsmore  Mieure  Whiteside. 
Frick 

Mr.  Peters  offered  the  following  as  an  additional  section: 

"  SEC.  — .  The  state  shall  never  make  any  loan  of  any  money  or  cred- 
it of  any  banking  corporation  or  association  whatsoever." 

The  question  TV  as  taken,  and  the  amendment  rejected. 
On  motion  of  Mr.  Thomas, 

The  report  was  laid  on  the  table. 

Mr.  Crain,  on  leave,  from  the  committee  on  Miscellaneous  Subjects  and 
Questions,  reported  the  following  as  suitable  to  be  added  to  the  article  re- 
ported by  him  this  morning  from  the  same  committee,  to  be  set  down  as 
an  additional  section: 

"SEC.  5.  Any  female  being  possessed  of  real  estate  at  the  time  of  her 
marriage,  shall  never^be  dispossessed  of  the  same  for'the  payment  of  the 
debts  of  her  husband,  against  her  consent.  But  in  all  cases  said  real  es- 
tate shall  enure  ai  her  death,  or  pleasure,  to  the  benefit  of  her  child  or 
children,  should  she  have  any.  But  should  she  have  no  child  or  children 
then  such  estate  may  be  disposed  of  at  her  pleasure.  But  should  she  die 
having  no  issue,  and  not  having  disposed  of  said  estate,  then  the  same  shall 
pass  to  her  surviving  relatives,  as  the  legislature  may  direct." 
On  motion  of  Mr.  Crain, 

The  report  was  laid  on  the  table,  and  250  copies  ordered  to  be  printed 
with  the  report  made  by  him  this  morning 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


316 


JOURNAL  OF  THE  CONVENTION.       [August  11. 


THREE    O'CLOCK,   P.    M. 

The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Turnbull, 

The  report  of  the  committee  on  the  Executive  Department,  as  reported 
by  the  committee  of  the  whole,  was  taken  from  the  table  for  considera- 
tion. 

The  question  was  taken  on  the  adoption  of  the  first  section,  and  deci- 
ded in  the  affirmative. 

Mr.  Gregg  moved  to  amend  the  amendment  to  the  second  section 
by  striking  out  the  figures  "  1848,"  and  by  inserting  in  lieu  thereof  the 
figures  "  1850,"  and  to  further  strike  out  the  figures  "  1852,"  and  to  in- 
sert in  lieu  thereof  the  figures  "1854." 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 


xr 

(iMays, 


Those  voting  in  the  affirmative,  are, 


40 
94 


Mr.  Adams 
Akin 
Allen 
Armstrong 
Blair 
Blakely 
Butler 

J.  M.  Campbell 
Church 
Churchill 
Colby 
S.  J.  Cross 
Dement 
Dunn 


Mr.  Gregg 
Harvey 
Halch 
Hawley 
Heacock 
Henderson 
Huston 
James 
Kreider 
Lasater 
Laughlin 
McClure 
Manly 


Mr.  Markley 
Morris 
Nichols 
Pace 

J.  M.  Palmer 
Powers 
Pratt 
Rountree 
Sherman 
Webber 
Whiteside 
Whitney 
Mr.  President. 


Those  voting  in  the  negative,  are. 


Mr.  Atherton 
Bond 

Bosbyshell 
Brockman 
Bunsen 
Caldwell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Grain 

R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 


Mr.  Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Harding 
Harlan 
Harper 
Hay 
Hayes 
Hill 
Hogue 
Hurlbut 


Mr.  Jackson 
Judd 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
Me  Cully 
McHatton 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 


August  11.]      JOURNAL  OF  THE  CONVENTION.  317 

Mr.  Miller  Mr.  Servant  Mr.  Swan 

Minshall  Sharpe  Thomas 

Moffett  Shields  Thornton 

Moore  Shumway  Trower 

Northcott  Sibley  Turnbull 

Oliver  Sim  Turner 

Peters  Simpson  Tutt 

Pmckney  Singleton  Tuttle 

Rives  E,  O.  Smith  Vance 

Robbins  J.  Smith  Williams 

Robinson  Spencer  Witt 

Roman  Stadden  Worcester. 
Scates 

On  motion  of  Mr.  E.  O.  Smith, 

The  amendment  to  the  second  section  was  amended  by  inserting  before 
the  words  "  first,"  in  the  first,  second,  and  third  lines,  the  words  "  Tues- 
day next  after  the." 

On  motion  of  Mr.  Hay, 

The  same  amendment  was  further  amended  by  striking  out  the  word 
u  forever,"  at  the  end  of  the  second  line. 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole 
in  the  amendment  made  to  the  second  section,  as  amended,  and  decided 
in  the  affirmative. 

Mr.  Hayes  moved  to  amend  the  second  section,  as  amended,  by  insert- 
ing after  the  word  "thereafter,"  in  the  third  line,  the  words  "  until  anoth- 
er day  shall  be  provided  by  law." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  second  section,  as 
amended,  and  decided  in  the  affirmative. 

Mr.  Church  moved  to  amend  the  amendment  to  the  third  section  by 
itriking  out  the  words  "  for  more  than  four  years  in  any  term  of  eight 
years,  nor." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken  on  concurring  with  the  committee  of  the 
whole,  in  the  amendment  made  to  the  third  section,  and  decided  in  the 
affirmative. 

The  question  was  taken  on  the  adoption  of  the  third  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

The  question  was  taken  on  concurring  with  the  committee  of  the  whole, 
in  the  amendments  made  to  the  fourth  section,  in  striking  out,  and  deci- 
ded in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  the 
•ame  committee,  in  the  amendment  made  at  the  end  of  the  same  sec- 
tion, 


And  decided  in  the  affirmative,  ^eas>    ' 

•         •  DO 


318 


JOURNAL  OF  THE  CONVENTION,      [August  11 


Those  voting  in  the  affirmative,  are. 


Mr.  Peters 
Pinckney 
Rives 
Robinson 
Servant 
Sharpe 
Shields 
Sibley 
Sim 

Singleton 
E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams. 


Mr.  Moore 
Morris 
Nichols 
Oliver 
Pace 
Powers 
Pratt 
Robbins 
Roman 
Rountree 
Scates 
Sherman 
Shumway 
Simpson 
J.  Smith 
Stadden 
Tutt 
Witt 

Whiteside 
Whitney 
Worcester 
Mr.  President. 


The  question  was  taken  on  the  adoption  of  the  fourth  section,  as  amei 
ded,  Rnd  decided  in  the  affirmative. 

Mr.  Powers  moved  to  amend  the  amendment  to    the   fifth  section, 
striking  out  tha  words  "  twelve  hundred  and  fifty,"  and  by  inserting  in  liei 
thereof  the  words  "fifteen  hundred." 

Mr.  Shumway  moved  "  one  thousand." 

Mr.  J.  M.  Davis  called  for  a  division,  so  as  to  vote  first  on  striking  out 
which  was  seconded  by  the  convention. 

The  question  was  taken  on  striking  out,  and  decided  in  the  affirmative 


Mr.  Adams 

Mr.  Hurl  but 

Atherton 

Jackson 

Blair 

Judd 

Bond 

Kenner 

Canady 
R.  J.  Cross 

A.  R.  Knapp 
Knowlton 

D.  Davis 

Knox 

J.  M.  Davis 

Lander 

Deitz 

Lemon 

Dummer 

Lockwood 

Dunn 

Logan 

Dunsmore 

Loudon 

Eccles 

McCallen 

C.  Edwards 

F.  S.  D.  Marshall 

N.  W.  Edwards 

T.  A.   Marshall 

Evey 

Mason 

Frick 

Matheny 

Graham 

Mieure 

Geddes 

Miller 

H.  R.  Green 

Minshall 

Harlan 

Northcott 

Harper 

H.  D.  Palmer 

Hawley 

J.  M.  Palmer 

Hay 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  Farwell 

Allen 

P.  Green 

Armstrong 
Blakely 

Gregg 
Harvev 

Bosbyshell 

Hatch' 

Brockman 

Hayes 

Brown 

Heacock 

Bunsen 

Henderson 

Butler 

Hill 

Cal  dwell 

Hoes 

J.  M.  Campbell 

Hogue 

Carter 

v                  Huston 

F.  S.  Casey 

James 

Z.  Casey 

N.  M.  Knapp 

Church 

Kreider 

Churchill 

Lasater 

Colby 

Laughlin 

Grain 

McCully 

S.  J.  Cross 

McClure 

T.  G.  C.  Davis 

McHatton 

Dement 

Manly 

Dun  lap 
Edmonson 

Markley 
Moffett 

August  \\.]       JOURNAL  OF  THE  CONVENTION. 


319 


The  question  was  taken,  by  yeas  and  nays,  on  filling  the  blank  with 


And  decided  in  the  affirmative, 


Yeas, 


Those  voting  in  the  affirmative,  are,' 


Mr.  Adams 

Mr.  Hay 

Armstrong 

Hayes 

Blair 

Heacock 

Bosbyshell 

Henderson 

Brockman 

Hill 

Brown 

Hoes 

Bunsen 

Hurl  but 

Butler 

Huston 

J.  M.  Campbell 

Jackson 

Church 

James 

Colby 

A.  R.  Knapp 

R.  J.  Cross 

N.  M.  Knapp 

Deitz 

Knovvlton 

Dement 

Knox 

Dummer 

Laughlin 

Dunlap 

Lockwood 

Dunn 

Logan 

C.  Edwards 

McCallen 

Farwell 

McClure 

Geddes 

McHatton 

Gregg 
Harding 

F.  S.  D.  Marshall 

Matheny 

Harvey 

Miller 

Hatch 

Minshall 

Hawley 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  Graham 

Allen 

H.  R.   Green 

Atherton 

P.  Green 

Blakely 

-^                Harlan 

Bond 

Harper 

Caldwell 

Hogue 

Canady 

Judd 

Carter 

Kenner 

F.  S.  Casey 

Kreider 

Z.  Casey 

Lander 

Churchill 

Lasater 

Grain 

Lemon 

S.  J.   Cross 

,  Loudon 

D.  Davis 

McCully 

J.  M.  Davis 
T.  G.  C.  Davis 

Manly 
Mark  ley 

Dawson 

T.  A.  Marshall 

Dunsmore 

Mason 

Eccles 

Mieure 

Edmonson 

Moffett 

N.  W.  Edwards 

Northcdtt 

Evey 

Oliver 

Frick 

Moore 

Morris 

Nichols 

J.  M.  Palmer 

Peters 

Pinckney 

Powers 

Pratt  • 

Roman 

Servant 

Sharpe 

Sherman 

Sibley 

Singleton 

Stadden 

Thomas 

Turner 

Webber 

West 

Williams 

Whiteside 

Whitney 

Worcester 

Mr.  President. 


Mr.  Pace 

H.  D.  Palmer 

Rives 

Robbins 

Robinson 

Rountree 

Scates 

Shields 

Shumway 

Sim 

Simpson 

E.  O.  Smith 

J.  Smith 

Spencer 

Swan 

Thornton 

Trower 

Turnbull 

Tutt 

Tuttle 

Vance 

Witt. 


73 

C? 


JOURNAL  OF  THE  CONVENTION.      [August  II, 


Mr.  Deitz  moved  to  amend  the  same  amendment  by  inserting  after  tl 
word  "government,**  in  the  fourth  line,  the  words  "  and  shall  be  ex  qffici 
fund  commissioner." 

The  question  was  taken,   by  yeas  and  nays,  on  the  adoption  of  th 
amendment, 


/  Yeas 
And  decided  in  the  negative,  \  j^a    ' 

Those  voting  in  the  affirmative,  are, 


Mr.  Blakely 
J.  M.  Davis 
Deitz 
Evey 
James 
Judd 
Kenner 
Lemon 


Mr.  McCallen 
Manly 

T.  A.  Marshall 
Moffett 
Oliver 
Pace 

J.  M.  Palmer 
Bobbins 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Armstrong 
Atherton 
Blair 
Bond 

Bosbyshell 
Brock  man 
Brown 
Bunsen 
Butler 

J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 
Colby 
Constable 
Crain 

R.  J.  Cross 
8.  J.  Cross 
D.  Davis 
Dawson 
Dement 
Dummer 
Dnnlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Harwell 
Frick 
Graham 


24 
114 


Mr.  Shields 
Sim 

Simpson 
E.  O.  Smith 
Thornton 
Trower 
West 
Witt. 


Mr.  Geddes 

Mr.  Miller 

H.  R.  Green 

Minshall 

P.  Green 

Moore 

Gregg 

Morris 

Harlan 

Nichols 

Harper 

North  cott 

Hatch 

H.  D.  Palmer 

Hawley 

Peters 

Hay 

Pinckney 

Hayes 

Powers 

Heacock 

Pratt 

Henderson 

Rives 

Hill 

Roman 

Hoes 

Rountree 

Hogue 
Holmes 

Scates 
Servant 

Hurlbut 

Sharpe 

Huston 

Sherman 

Jackson 

Shumway 

N.  M.  Knapp 

Sibley    ' 

Knowlton 

Singleton 

Knox 

J.  Smith 

Kreider 

Spencer 

Lander 

Stadden 

Lasater 

Swan 

Laughlin 

Thomas 

Lockwood 

Turn  bull 

Logan 

Turner 

Loudon 

Tutt 

Me  Cully 

Tuttle 

McClure 

Vance 

McHatton 

Webber 

Markley 

Williams 

F.  S.  D.  Marshall 

Whiteside 

Mason 

Whitney 

Matheny 
Mieure 

Worcester 
Mr.  President: 

August  II.]        JOURNAL  OF  THE  CONVENTION.  321 

Mr.  Mason  moved  to  amend  the  same  amendment  by  inserting  after 
the  word  ''diminished,"  in  the  sixth  line,  the  words  *>during  the  period  for 
which  he  shall  have  been  elected,  nor  increased  until  all  arrears  of  inter- 
est  on  the  state  debt  shall  have  been  paid." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  (J.  Edwards  moved  to  amend  the  same  amendment  by  striking  out 
the  words  "  increased  nor,"  in  the  5th  line. 

The  question  was  taken,  and  the  amendment  rejected. 

Trie  question  was  taken  on  concurring  in  the  same  amendment,  as 
amended,  and  decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  5th  section,  as  amended, 
,and  decided  in  the  affirmative. 


The  question  was  consecutively  taken  on  the 
7th  sections,  and  decided  in  the  affirmative. 

adoption  of  the 

6th  and 

The  question  was   taken,  by  yeas  and  nays,  on  concurring  with   the 
•jommittee  of  the  whole  in  the  amendments  made  to  the  8th  section, 

And  decided  in 

the  negative,  ]N^ 

,         . 

48 
84 

Those  voting  in 

the  affirmative,  are, 

[r.  Adams 

Mr.  Frick 

Mr.  Morris 

Blair 

Graham 

Northcott 

Bond 

P.  Green 

H.  D.  Palmer 

Brown 

Hawley 

J.  M.  Palmer 

Bunsen 

Hay    ' 

Peters 

J.  M.  Campbell 

Canady 

Hurlbut 
Kenner 

Pinckney 
Powers 

Church 

Kriowlton 

Roman 

Churchill 

Knox 

Servant 

Constable 
R.  J.  Cross 

Laughlin 
Lockwood 

Sharpe 
Shields 

Dement 

X          Logan 

Thomas 

Duimner 

F/S.  D.  Marshall 

Turner 

Dunlap 

Mason 

Tutt 

C.  Edwards 

Mieure 

Vance 

Farwell 

Miller 

West 

Those  who  voted  in  the  negative,  are, 

Ir.  Akin 

Mr.  Dawson 

Mr.  Henderson 

Allen 

Deitz 

Hill 

Armstrong 

Dunn 

Hoes 

Atherton 

Dunsmore 

Hogue 

Blakely 

Eccles 

Huston 

Bosbyshell 

Edmonson 

Jackson 

Brockman 

N.  W.  Edwards 

Jamps 

Butler 
Carter 

Evey 
Geddes 

N.  M.  Knapp 
Kreider 

F.  S.  Casey 

H.  R.   Green 

Lander 

Z.  Casey 
Colby 

Gregg 
Harding 

Lasater 
Lemon 

Grain 

Harlan 

London 

S.  J.  Cross 

Harper 

McCallen 

<    D.  Davis 

Hatch 

Me  Cully 

J.  M.  D»vi« 

Hayes 

McClui* 

21 

£22       JOURNAL  OF  THE  CONVENTION, 

Mr.  McKatton  Mr.  Rives  Mr.  J.  Smith 

Manly  Robbins  Spencer 

Markley  Robinson  Stadden 

T.  A.  Marshall  Rountree  Thornton 

Matheny  Scales  Trower 

Minshall  Sherman  Turnbull 

Moffett  Shumway  Tuttle 

Moore  Sibley    '  Williams 

Nichols  Sim  Whiteside 

Oliver  Simpson  Whitney 

Pace  Singleton  Worcester 

Pratt  E.  O.  Smith  Mr.  President. 

Mr.  Thornton  moved  to  amend  the  8th  section  by  inserting  after  \\ 
word  "  pardons,"  in  the  4th  line,  the  words  "  and  remit  fines  and  forfei 
ures." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  consecutively  taken  on  the  adoption  of  the  8th  nn 
9th  sections,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Powers, 

A  division  was  ordered  on  the  amendments  to  the  10th  section, 

The  question  was  taken  on  striking  out  the  words  "when  assemble( 
&c.,  and  decided  in  the  affirmative. 

The  question  was  taken  on  inserting  the  words  *'  in  said  proclamati 
the  purposes  for  which  they  are  to  convene,"  and  decided  in  the  affirrr 
tive. 

The  question  was  taken  on  concurring  in  the  insertion  of  the  wo 
''enter  on  no  legislative  business, n  &c.,  and  decided  in  the  affirmative 

The  question  was  taken  on  striking  out  the  words  "  be  limited  in  th 
action,"  &c.,  and  decided  in  the  affirmative. 

Mr.  Powers  moved  to  amend  the  same  section,  as  amended,  by  striki 
out  all  after  the  word  *'  convene,"  in  the  second  line. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Scales  moved  to  amend  the  same  section,  by  inserting  after  t 
word  "occasions,"  the  words  "  which  wauld  cause  irremediable  inju 
to  the  public  interest  by  delay." 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  10th  section,  as  amen 
ed,  and  decided  in  the  affirmative. 

The  question  was  consecutively  taken  on  the  adoption  of  the  11 
12th,  13th,  14th,  15th,  and  1 6th  sections,  and  decided  in  the  affirmati 

The  question  was  consecutively  taken  on  the  adoption  of  the  17th,  18 
and  19th  sections,  and  decided  in  the  affirmative. 

Mr.  J.  M.  Davis  moved  to  amend  the  amendments  made  to  the  2f 
section,  by  striking  out  the  words  u  three-fifths,"  wherever  they  occi 
and  by  inserting  in  lieu  thereof  the  words  "a  majoiity." 

Mr.  Tu  nbull  called  for  a  division  of  the  question;  which  the  convc 
tion  refused  to  second. 

The  question  was  taken,  by  yeas  and  nays,  on  the  motion  made  by  IV 
J.  M.  Davis, 

And    decided  in  the  affirmative,  6r 


^ August  11.]      JOURNAL  OF  THE  CONVENTION. 


3-23 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Blakely 
Bond 
Z.  Casey 
Church 
Constable 
R.  J.  Cross 
S.  J.  Cross 
D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Harding 
Harlan 
Harper 


Mr.  Hay 
Hurlbut 
Jackson 
Jenkins 
Judd 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason] 
Matheny 
Mieure 
Miller 
Northcott 


Those  voting  in  the  negative,  are, 


.  Akin 
Allen 
Armstrong 
Atherton 
Blair 

Bosbyshell 
Brockman 
Bunsen 
Butler 
Caldwell 
J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Churchill 
Colby 
Grain 

T.  G.  C.  Daris 
Dement 
Dunn 
Dunsmore 
Edmonson 
Evey 


Mr.  Farwell 
Frick 
Harvey 
Hatch 
Hawley 
Hayes 
Heacock 
Henderson 
Hiil 
Hoes 
Hogue 
Huston 
James 
Kreider 
Lasater 
Laugh  lin 
McCullyj 
McCIure 
McHatton 
Markley 
Moffett 
Moore 


Mr.  Oliver 

H.  D.  Palmer 

Pinckney 

Rives] 

Roman 

Servant 

Shields 

Sibley 

Sim 

E.G.  Smith 

J.  Smith 

Spencer 

Stadden 

Swan 

Thomas 

Thornton 

Turnbull 

Turner 

Tuttle 

Vance 

West 

Williams 

Whitney. • 


Mr.  Morris 
Nichols 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robbins 
Robinson 
Rountree 
Scatea 
Sharpe 
Sherman 
Shumway 
Simpson 
Singleton 
Trower 
Tutt 
Witt 

Whiteside 
Worcester 
Mr.  President. 


The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  the 
ommittee  of  the  whole,  in  the  amendments  to  the  20th  section,  as 
mended, 


And  decided  in  the  affirmative,  < 


71 


Mr.  Adams 
Bond 

Mr.  Hay| 
Hurlbut 

Canady 

Jackson 

Z.  Casey 

Jenkins 

Church 

Judd 

Constable 

Kenner 

R.  J,  Cross 

A.  R.  Knapp 

D.  Davis 

N.  M.  Knapp 

J.  M.  Davis 

Knowlton 

Davvson 

Knox 

Deitz 

Lander 

Dummer 

Lemon 

Dunlap 

Lockwood 

Eccles 

Logan 

Edmonson 

Loudon 

C.  Edwards 

McCallen 

N.  W.  Edwards 

Manly 

Graham 

F.  S.  D.  Marshall 

Geddes 

T.  A.  Marshall 

H.  R.  Green 

Mason 

P.  Green 

Matheny 

Harding 

Mieure 

Harlan 

Miller 

Harper 

Northcolt 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  Evey 

Allen 

Farwell 

Armstrong 

Frick 

Atherton 

Harvey 

Blair 

Hatch 

Blakely 
Bos  by  shell 

Hawley 
Hayes 

Brockman 

Heacockj 

Brown 

Henderson 

Bunsen 

Hill 

Butler 

Hoes 

Caldwell 

Hogue 

J.  M.  Campbell" 

Huston 

Carter 

James 

F.  S.  Casey 

Kreider 

Churchill 

Lasater 

Colby 

Langhlin 

Grain 

McCully 

S.  J.  Cross 

McClurc 

T.  G.  C.  Davis 

McHatton 

Dement 

Markley 

Dunn 

Moffett 

Dunsmore 

Moore 

Mr.  Oliver  f 

H.  D.  Palmer 

Pinckney 

Rives 

Roman 

Servant 

Shields 

Sibley 

Sim 

Singleton 

E.  O.  Smith 

Spencer 

Stadcten 

Swan 

Thomas 

Thornton 

Turnbull 

Turner 

Tuttle 

Vance 

West 

Williams 

Whitney. 


Mr.  Morris 
Nichols 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robbins 
Robinson 
Rountree 
Scates 
Sharpe 
Sherman 
Shumway 
Simpson 
J.  Smith 
Trower 
Tutt 
Witt 

Whiteside 
Worcester 
Mr.  President. 


The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  th 
30th  section,  as  amended, 


And  decided  in  the  affirmative, 


74 
65 


ugusl  U.]        JOURNAL  OF  THE  CONVENTION. 


325 


Those  voting  in  the  affirmative,  are. 


r.  Adams 

Mr.  Hay 

Blakely 

Hayes 

Bond 

Hurl  but 

Canady 

Jackson 

Church 

Jenkins 

Constable 

Judd 

R.  J.   Cross 

Kenner 

D.  Davis 

A.  R.  Knapp 

J.  M.  Davis 

N.  M.  Knapp 

Dawson 

Knowlton 

Deitz 

Knox 

Duraraer 

Lander 

Dunlap 

Lemon 

Dunstnore 

Lockwood 

Eccles 

Logan 

Edmonson 

Loudon 

C.  Edwards 

McCallen 

N.  W.  Edwards 

Manly 

Graham 

F.  S.  D.  Marshall 

Geddes 

T.  A.  Marshall 

H.  R.   Green 

Mason 

P.  Green 
Harding 

Matheny 
Mieurc 

Harlan 

Miller 

Harper 

Moffett 

Those  voting  in 

the  negative,  are, 

r.  Akin 

Mr.  Evey 

Allen 

Farvvell 

Armstrong 

Frick 

Atherton 

Harvey 

Blair 

Hatch 

Bosbyshell 

Hawley 

Brockman 

Heacock 

Brown 

Henderson 

Bunsen 

Hill 

Butler 

Hoes 

Caldwell 

Hogue 

J.  M.  Campbell 

Huston 

Carter 

James 

F.  S.  Casey 

Kreider 

Z.  Casey 

Lasater 

Churchill 
Colby 
Grain 

Laughlin 
McCully 
McClure 

S.  J.  Cross 

McHatton 

T.  G.  C.  Davis 

Mark  ley 

Dement 

Moore 

Dunn 

Morris 

Mr.  Northcott 
Oliver 

H.  D.  Palmer 
Pinckney 
Rives 
Roman 
Servant 
Shields 
Sib  ley 
Sim 

Singleton 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Whitney, 


Mr.  Nichols 
Pace 

J.  M.   Palmer 
Peters 
Powers 
Tratt 
Robbins 
Robinson 
Rountree 
Scates 
Sharpe 
Sherman 
Sh  urn  way 
Simpson 
J.  Smith 
Trower 
Tutt 
Witt 

Whiteside 
Worcester 
Mr.  President 


Mr.  Dement  moved  to  amend  the  amendment  by  inserting  after  the 
ords  "  per  annum,'*  in  the  seventh  line,  the  words  "  exclusive  of  neces- 
iry  clerk  hire." 

The  question  was  taken,  and  the  amendment  rejected. 
The  question  was  taken  on  concurring  with  the  committee  of  the  whole 
the  amendments  made  to  the  k2lst  section,  and  decided  in  the  affirmu- 
ve. 


326 


JOURNAL  OF' THE  CONVENTION.     [August  11. 


Mr.  McCallen  moved  to   amend  the  section,  as  amended,  by  striking j 
out  all  from  the  first  word  to  the  word  "  who,"  in  the  fourth  line,  and  by  I 
inserting  in  lieu  thereof  the  words  "there  shall  be  elected  by  the  quali- 
fied voters  of  the  state,  at  the  same  time  that  the  governor  is  elected^  a 
secretary  of  state,  who  shall  hold  his  office  for  four  jears." 

The  question  was  taken,   by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 


And  decided  in  the  affirmative, 


.i\  ays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Harlan 

Allen 

Harvev 

Atherton 

Hatch" 

Blakely 

Heacock 

Brockman 

Henderson 

Cal  dwell 

Hill 

J.  M.  Campbell 

Hoes 

Carter 

Hogue 

F.  S.  Casey 

Jenkins 

Z.  Casey 

Judd 

Church 

Knowltosa 

Churchill 

Kreider 

Crain 

Lander 

R.  J.  Cross 

Lasater 

S.  J.  Cross 

Lemon 

T.  G.  C.  Davis 

Loudon 

Deitz 

McCallen 

Dunn 

McCully 

Dunsmore 

McClure 

Eecles- 

Manly 

Evey 
Graham 

Markley 
Matheny 

P.?  Green 

Mieure 

Harding 

Moffett 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  H.  R.  Green 

Armstrong 
Blair 

Harper 
Hawley 

Brown 

Hay     ' 

Bunsen 

Hayes 

Butler 

Hurlbut 

Canady 

Huston 

Colby 
Constable 

Jackson 
James 

D.  Davis 

Kenner 

J.  M.  Davis 

A.  R.  Knapp 

Dawson 

Knox 

Dement 

Laughlin 

Dummer 

Lockwood 

Dunlap 

Logan 

Edmonson 

McHatton 

C.  Edwards 

F.  S.  D.  Marshall 

N.  W.  Edwards 

T.  A.   Marshall 

Farwell 

Mason 

Frick 

Miller 

Geddes 

Moore 

71 

62 


Mr.  Northcott 
Oliver 

H.  D.  Palmer 
Pinckney 
Pratt 
Rives 
Roman 
Rountree 
Scates 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thornton 
Trower 
Turner 
Tuttle 
Williams 
Mr.  President. 


Mr.  Morris 
Nichols 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Robbing 
Robinson 
Servant 
Sharpe 
Sherman 
Singleton 
Thomas 
Turnbult 
Tutt 
Vance 
Witt 

Whiteside 
Whitney 
Worcester. 


tugust  12.]      JOURNAL  OF  THE  CONVENTION.  327 

Mr.  Vance  moved  to  amend  the  same  section,  as  amended,  by  adding 
hereto  the  words  "  there  shall  be  elected  by  the  qualified  voters  of  the 
tatc,  all  clerks  that  may  be  necessary  iri  the  different  offices  of  the  secre- 
;ary  of  state,  auditor,  and  treasurer." 

Mr.  Whitney  moved  that  the  convention  adjourn. 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion, 

The  convention  adjourned. 


THURSDAY,  AUGUST  12, 1847. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  H.  D.  Palmer,  a  member. 

The  journal  of  yesterday  was  read. 

The  question  pending  when  the  convention  adjourned  on  yesterday, 
was  on  the  amendment  offered  by  Mr.  Vance  to  the  21st  section,  as 
amended,  of  the  report  of  the  select  committee  of  twenty-seven  on  the 
Judiciary  Department. 

On  motion  of  Mr.  E.  O,  Smith, 

The  amendment  was  laid  on  the  table. 
On  motion  of  Mr.  Pratt, 

The  21st  section  was  stricken  out,  and  the  following  inserted  in  lieu 
thereof: 

"There  shall  be  elected  by  the  qualified  electors  of  the  state,  at  the 
same  time  of  the  election  for  governor,  a  secretary  of  state,  whose  term 
of  office  shall  be  the  same  as  that  of  the  governor,  who  shall  keep  a  fair 
register  of  the  official  acts  of  the  governor,  and  when  required  shall  lay 
the  same,  and  all  papers,  minutes  and  vouchers  relative  thereto,  before 
either  branch  of  the  general  assembly;  and  shall  perform  such  other  duties 
as  shall  be  assigned  him  by  law,  and  shall  receive  a  salary  of  eight  hun- 
dred dollars,  and  no  more,  except  fees;  Provided,  that  if  the  office  of  sec- 
retary of  state  should  be  vacated  by  death,  resignation  or  otherwise,  it 
shall  be  the  duty  of  the  governor  to  appoint  another,  who  shall  hold  his 
office  until  another  secretary  be  elected  and  qualified." 
On  motion  of  Mr.  Peters, 

The  previous  question  was  ordered. 

The  question  was  taken  on  striking  out  the  21st  section,  as  amended, 
and  inserting  in  lieu  thereof  the  substitute  offered  by  Mr.  Pratt,  and  deci- 
ded in  the  affirmative. 

The  question  was  then  taken,  by  yeas  and  nays,  on  the  adoption  of 
the  2lst  section,  as  amended, 


And  decided  in  the  affirmative,        ea'     ' 

'  (Nays,     ....  59  ^ 


328 


JOURNAL  OF  THE  CONVENTION.       [August  12. 


Those  voting  in  the  affirmative,  are, 


Mr.  Markley 

T.  A.  Marshall 

Mieure 

Aloffett 

Northcott 

Oliver 

Pace 

H.  D.  Palmer 

Pratt 

Rives 

Roman 

Rountree 

Scates 

Shields 

Shumway 

Sim 

E.  O.  Smith 

J.  Smith 

Spencer 

Stadden 

Thornton 

Tuttle 

"West 

Williams 

Mr.  President. 


Mr.  Petere 
Powers 
Robinson 
Servant 
Sharpe 
Sibley 
Simpson 
Singleton 
Swan 
Thomas 
Turnbull 
Turner 
Tutt 
Vance 
Webber 
Witt 

Whiteside 
Whitney 
Worcester, 


The  question  was  then  taken  on  concurring  with  the  committee  of  the 
whole,  in  the  amendments  made  tothc£2d  section,  and  decided  in  the 
affirmative. 

The  question  was  taken  on  the  adoption  of  the  22d  section,  as  amended., 
and  decided  in  the  affirmative. 

rThe  question  was  taken  on  the  adoption  of  the  23d  section,  and  decided 
in  the  affirmative. 

Mr.  Shumway  moved  to  reconsider  the  vote  taken  on  yesterday,  orj 
the  adoption  of  the  20th  section,  as  amended. 


Mr.  Adams 

Mr.  Eccles 

Allen 

Evey 

Anderson 

Frick 

Armstrong 
Atherton 

P.  Green 
W.  B.  Green 

Blakely 

Greg£ 

Bond 

Harding 

Bosbysheli 

Harlan 

Brockman 

Harvey 

Butler 

Hatch 

Caldweli 

Hawley 

Canady 

Heacock 

Carter 

Henderson 

F.  S.  Casey 

Hill 

Z.  Casey 

Hogue 

Church 

Jenkins 

Grain 

Knox 

R.  J.  Cross 

Lander 

S.  J.  Cross 

Lasater 

Dale 

Lemon 

J.  M.  Davis 

Loudon 

T.  G.  C.  Davis 

McCallen 

Deitz 

McCuJly 

Dement 

McClure 

Dunn 

Manly 

Dunsmore 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  Huston 

Blair 

Jackson 

Brown 

James 

Colby 

Jadd 

Constable 

Kenn«r 

D.  Davis 

A.  R.  Knapp 

Dawson 

N.  M.  Knapp 

Dummer 

Knowlton 

Dunlap 

Kreider 

Edmonson 

Laughlin 

C.  Edwards 

Lockwood 

N.  W.  Edwards 

Logan 

Graham 

MeHcitton 

Geddes 

F.  S.  D.  Marshall 

Harper 

Mason 

Hay 

Minshall 

Hayes 

Moore 

Holmes 

Morris 

Hunsaker 

Nichols 

Hurlbut 

J.  M.  Palmer 

August  12.]         JOURNAL  OF  THE  CONVENTION. 

The  question  was  taken,  by  yeas  arid  naysj 


321) 


And  decided  in  the  negative,    -     -     - 
Those  voting  in  the  affirmative,  are, 


(Yeas.     . 

(Nays,     . 


.  68 
.  73 


Mr.  Akin 

Mr.  Evey 

Allen 

Farwell 

Anderson 

Frick 

Armstrong 
Athertou 

Gregg 
Harvey 

Blair 

Hatch 

Bosbyshell 

Hawley 

Brockman 

Hayes 

Brown 

Heacock 

Butler 

Henderson 

Caldwell 

Hogue 

J.  M.  Campbell 

Hunsaker 

Carter 

Huston 

F.  S.  Casey 

James 

Z.  Casey 

Kreider 

Chiirchill 

Lasater 

Coiby 

Laughlin 

Crain 

McCully 

S.  J.  Cross 

McClure 

Dale 

McHatton 

T.   G.    C.  Davis 

Markley 

Dement 

Moore 

Dunn 

Morris 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  Hay 

Bond 

Holmes 

Canady 

Hurlbut 

Church 

Jackson 

Constable 

Jenkins 

R.  J.  Cross 

Judd 

D.  Davis 

Kenner 

J.  M.  Davis 

A.  R.  Knapp 

Dawson 

N.  M.  Knapp 

Deitz 

Knowlton 

Dmnmer 

Knox 

Dunlap 

Lander 

Dunsmore 

Lemon 

Eccles 

Lockwood 

Edmonson 

Logan 

C.  Edwards 

London 

N.  W.  Edwards 

McCallen 

Graham 

Manly 

Geddes 

F.  S.  D.  Marshall 

H.  R.  Green 

T.  A.  Marshall 

P.  Green 

Mason 

W.  B.  Green 

Mieure 

Harding 

Miller 

Harlaa 

Minshall 

Harper 

Mr.  Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robbins 
Robinson 
Rountree 
Scates 
Sharpe 
Sherman 
Shumway 
Simpson 
J.  Smith 
Tutt 
Witt 

Whiteside 
Whitney 
Worcester 
Mr.  President. 


Mr.  Moffett 
Northcott 
H.  D.  Palmer 
Pinckney 
Rives 
Roman 
Servant 
Shields 
Sibley 
Sim 

Singleton 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Turnbull 
Turner 
Tuttle^ 
Vance 
Webber 
West 
Williams. 


330 


JOURNAL  OF  THE  CONVENTION.        [August  H>. 


Mr.  Scates  moved  to  reconsider  the  vote   taken  on  yesterday,  on    the 
adoption  of  the  3d  section,  as  amended. 

On  motion  of  Mr.  Deitz, 
The  main  question  was  ordered* 
The  question  was  taken,  by  yeas  and  nays,  on  reconsideration, 


And  decided  in  the  negative,  i 

( 

Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Armstrong 

Blakely 

Brown 

Butler 

J.  M.  Campbell 

F.  S.  Casey 

Z.  Casey 

Churchill 

S.  J.  Cross 

Dale 

Dement 

Gregg 

Harvey 


Mr.  Hatch 
Hawley 
Heacock 
Henderson 
Huston 
James 
Jenkins 
Kreider 
Lasater 
Laughlin 
McHatton 
Manly 
Markley 
Moore 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Allen 
Anderson 
Atherton 
Blair 
Bond 

Bosbyshell 
Brockman 
Caldwell 
Canady 
Carter 
Church 
Constable 
Crain 

R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Farwell 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 


Mr.  W.  B.  Green } 
Harding 
Harlan 
Harper 
Hay 
Hayes 
Hill 
Hogae 
Holmes 
Hunsaker 
Hurl  but 
Jackson 
Judd 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
Me  Cully 
McClure 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 


Mr.  Morris 
Nichols 
J.  M.  Palmer 
Powers 
Pratt 
Rountrec 
Scates 
Sherman 
Shumway 
Simpson 
Webber 
West 
Whiteside 
Mr.  President. 


Mr.  Northcott 
Oliver 
Pace 

H.  D.  Palmer 
Peters 
Pmckney 
Rives 
Robbins 
Robinson 
Roman 
Servant 
Sharpe 
Shields 
Sibley 
Sim 

Singleton 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Williams 
Witt 
Whitney 
Worcester. 


August  1'^.J        JOURNAL  OF  THE  CONVENTION.  331 

Mr.  Witt  moved  to  reconsider  the    vote  taken   on   yesterday,    on  the 
adoption  of  the  5th  section,  as  amended. 
The  question  was  taken,  by  yeas  and  nays, 

64 
76 


And  decided  in 

the  negative,      |Nays> 

•           .           •           • 

Those  voting  in 

the  affirmative,  are, 

Mr.  Akin 

Mr.  P.  Green 

Mr.  Morris 

Armstrong 
Blakely 
Bond 

Harlan 
Harvey 
Hunsaker 

Nichols 
Northcott 
Oliver 

Biown 

James 

Pace 

Caldwell 

Jenkins 

H.  D.  Palmer 

J.  M.  Campbell 
Carter 

Judd 
Kenner 

Rives 
Robbins 

F.  S.  Casey 

A.  R.  Knapp 

Robinson 

Zadok  Casey 

Kreider 

Rountree 

Churchill 

Lander 

Scates 

Grain 

Lasater 

Shields 

S.  J.  Cross 

Lemon 

Shumway 

Dale 

Loudon 

Sim 

D.  Davis 

McCully 

E.  O.  Smith 

J.  M.  Davis 

Manly 

J;  Smith 

T.  G.  C.  Davis 

Markley 

Swan 

Eccles 

T.  A.  Marshall 

Thornton 

Edmonso» 

Mieure 

Trower 

C.  Edwards 

Miller 

Tutt 

Frick 

Moffett 

Witt. 

Graham 

Those  voting  in 

the  negative,  are,   ' 

Mr.  Adams 

Mr.  Hatch 

Mr.  J.  M.  Palmer 

Allen 

Hawley 

Peters 

Anderson 

Hay 

Powers 

Atherton 

Hayes 

Pratt 

Blair 

Heacock 

Roman 

Bosbyshell 

Henderson 

Servant 

Brockman 

Hill 

Sharpe 

Butler 

Hogue 

Sherman 

Canady 

Holmes 

Sibley 

Church 

Hurl  but 

Simpson 

Colby 

Huston 

Singleton 

Constable 

Jackson 

Spencer 

R.  J.  Cross 

N.  M.  Knapp 

Stadden 

Deitz 

Knowlton 

Thomas 

Dement 

Knox 

Turnbull 

Dummer 

Laughlin 

Turner 

Dunlap 

Lockwood 

Tuttle 

Dunn 

Logan 

Vance 

Dunsmore 

McCallen 

Webber 

N.  W.  Edwards 

McClure 

West 

Geddes 

McHatton 

Williams 

H.  R.  Green 

F.  S.  D.  Marshall 

Whiteside 

W.  B.  Green 

Matheuy 

Whitney 

Gregg 

Minshall 

Worcester 

Harding 

Moore 

Mr.  President. 

Harper 

332  JOURNAL  OF  THE  CONVENTION.       [August  12. 

Mr.  Thomas  moved  to  amend  the  report,  as  amended,  by  adding  thereto 
the  following  as  an  additional  section: 

"SEC.  — .  The  governor  shall  nominate,  and  by  and  with  the  advice 
and  consent  of  the  senate,  appoint  all  officers  in  this  state  whose  offices 
are  established  by  this  constitution,  or  shall  he  created  by  law,  and  whose 
appointments  are  not  herein  otherwise  provided  for;  Provided,  that  two- 
thirdsof  the  senate  shall  concur  in  the  no  niiuition;  And  provided  farther, 
that  offices,  whose  jurisdiction,  powers  and  duties  may  becorifmed  within 
the  limits  of  a  county,  and  whose  appointments  are  not  herein  other- 
wise provided  for,  shall  be  elected  by  the  people  of  such  county.'' 

Mr.  Scates  moved  to  substitute  for  the  proposed  additional  section  the 
following: 

"The  general  assembly  shall  provide  by  law  for  the  filling  of  all  offices 
not  provided  for  in  this  constitution." 
On  motion  of  Mr.  Z.  Casey, 

The  amendments  were  laid  on  the  table. 
On  motion  of  Mr.  Turnbull, 

The  report,  as  amended  and  adopted,  was  referred  to  the  committee  on 
the  Revision  and  Adjustment  of  the  Articles  of  the  Constitution. 
On  motion  of  Mr.  Singleton, 

The  report  of  the  select  committee  of  twenty-seven  on  the  Judiciary 
Department,  was  taken  from  the  table  for  consideration. 

Mr.  Shumway  moved  to  suspend  the  rules  temporarily,  to  enable  him  to 
offer  an  additional  rule. 

The  motion  was  lost. 

Mr.  Dement  moved  to  strike  cut  the  first  twelve   sections  of  the  ma- 
jority report,  and  to  substitute  for  them  the  minority  report  made  by  Mr. 
Dement,  on  that  Department. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  M. 


The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Bond, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  ihat, 

Messrs.  Archer,  Ballingal!,  Blakely,  Bosbyshell,  Brown,  B-insen,  T. 
Campbell,  Carter,  Choate,  Church,  Colby,  11.  11.  Green,  P.  Green,  Grim- 
shaw,  Heacock,  Hoes,  Holmes,  S.  Kihney,  W.  C  Kinney.  N.  M.  Knnpp, 
Laughlin,  McCallen,  Matheny,  Miller,  Northcott,  Norton,  Servant,  Sher- 
man, Thompson,  Vernor,  Wead,  Webber,  West,  Whitney,  and  Woodson, 
were  absent. — 35. 

On  motion  of  Mr. Shumway, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  pending  when  the  convention  adjourned  this  morning, 
was  on  the  motion  made  by  Mr.  Dement,  to  strike  out  the  first  twelve  sec- 
tions of  the  majority  report  of  the  select  committee  of  twenty-seven  on 


, 


ugust  12.]       JOURNAL  OF  THE  CONVENTION.  333 

the  Judiciary  Department,  and  to  substitute   for  them   the  minority  re- 
port made  by  Mr.  Dement. 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Mr.  Evey 

Allen 

Farwell 

Anderson 

Gregg 

Armstrong 
Atherton 

Harvey 
Hatch 

Blair 

Hawley 

Blakely 

Henderson 

Bosbyshell 

Hill 

Brockman 

Hoes 

Brown 

Hogue 

Butler 

Hunsaker 

J.  M.  Campbell 

Huston 

Carter 

James 

F.  S.  Casey 

Jenkins 

Z.  Casey 

Kitchell 

Colby 

Kreider 

Grain 

Lasater 

S.  J.  Cross 

Laughlin 

Dale 

Linley 

Demerit 

McCully 

Dunlap 

McClure 

Edmonson 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  Hay 

Bond 

Hayes 

Caldwell 

Heacock 

Canady 

^                 Holmes 

Church 

Hurlbut 

Churchill 

Jackson 

Constable 

Jones 

R.  J.  Cross 

Judd 

D.  Davis 

Kenner 

J.  M.  Davis 

A.  R.  Knapp 

T.  G.  C.  Davis 

N.  M.  Knapp 

Dawson 

Knowlton 

Deitz 

Knox 

Dummer 

Lander 

Dunsmore 

Lemon 

Ecclcs 

Lockwood 

C.  Edwards 

Logan 

N.  VV.  Edwards 

Loudon 

Frick 

McCallen 

Graham 

F.  S.  D.  Marshall 

Geddea 

T.  A.  Marshall 

H.   R.  Green 

Mason 

P.  Green 
W.  B.  Green 

Matheny 
Mieure 

Harding 

Miller  - 

Harlan 

Minshall 

Harper 

Moffett 

Mr.  McHatton 
Manly 
Markley 
Moore 
Morris 
Nichols 
Pace 
Powers 
Pratt 
Rountree 
Scales 
Sharpe 
Shields 
Sh  urn  way 
Simpson 
Stadden 
Tutt 
Witt 

Whiteside 
Worcester 
Mr.  President 


Mr.  Northcott 
"H.  D.  Palmer 
Peteis 
Rives 
Robbins 
Robinson 
Roman 
Savant 
Sibley 
Sim 

Singleton 
E    O.  Smith 
J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Tiower 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams 
Whitney. 


64 
80 


334  JOURNAL  OF  THE  CONVENTION.        [August  12. 

On  motion  of  Mr.  D.  Davis, 

Ordered,  That  the  report  be  considered  by  sectfons. 

Mr.  Gregg  moved  to  amend  the  first  section  by  adding  thereto  the 
following  proviso: 

"Provided,  that  inferior  local  courts  of  civil  and  criminal  jurisdiction 
may  be  established  by  the  general  assembly  in  the  cities  of  this  state,  but 
such  courts  shall  have  a  uniform  organization  and  jurisdiction  in  such 
cities.1' 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Farwell  moved  to  amend  the  same  section,  as  amended,  by  striking 
out  all  after  the  words  "circuit  courts,"  and  by  inserting  the  words  "and 
such  other  courts  of  inferior  jurisdiction,  as  the  legislature  from  time  to 
time  shall  create." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken  on  the  adoption  of  the  first  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

Mr.  Singleton  moved  to  amend  the  second  section  by  adding  thereto 
the  following: 

"And  no  person  who  has  been  once  elected  or  appointed  judge  of 
court  of  record  created  or  authorized  by  this  constitution,  or  by  any  act  o 
the  general   assembly  of  this  state  after  the    adoption    hereof;  and  wh 
shall  have  entered  upon  his  or  their  official  duties,  or   otherwise  signifiec 
his  or  their  acceptance  of  the  office,  shall  be  eligible  to  a  re-election,  o 
appointment  to  any  like  office,  created  or   authorized   as    aforesaid,  no 
shall  any  such  person  be  eligible  to  any  other  office  in  the  gift  of  the  pen 
pie,  or  either  of  the  departments  of  the  government    of  this  state  for  th< 
period  of  two  years  after  the  expiration  of  the  term  for  which  he  or  they 
were  elected  or  appointed  judge." 

The  question  was   taken,    by  yeas  and   nays,  on  the  adoption  of  thi 
amendment, 

(Yeas  11 

And  decided  in  the  negative,       JNayS' 

Those  voting  in  the  affirmative,  are, 

Mr.  Bosbyshell  Mr.  James  Mr.  Singleton 
N.  W.   Edwards                       Jenkins  West 

W.  B.  Green  Lockwood  Whiteside. 

Hayes .  Servant 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Canady  Mr.  J.  M.  Davis 

Allen  Carter  Dawson 

Anderson  F.  S.  Casey  Deitz 

Armstrong  Z.  Casey  Dummer 

Atherton  Church  Dunlap 

Blair  Churchill  Dunn 

Blakely  Constable  Dunsmore 

Bond  Crain  Eccles 

Brockman  R.  J.  Cross  Edmonson 

Caldwell  Dale  C.  Edwards 


August  13.]      JOURNAL  OF  THE  CONVENTION.  335 

Mr.  Evey  Mr.'Knox  Mr.  Rives 

Frick  Kreider  Robbins 

Graham  Lander  Robinson 

Geddes  Lasater  Roman 

H.  R.  Green  Laughlin  Rountree 

P.  Green  Lemon  Scatea 

Gregg  Loudon  Shields 

Harding  McCallen  Shumway 

Harlan  McCully  Sibley     ' 

Harper  McClure  Sim 

Harvey  McHatton  Simpson 

Hatch  Manly  E.  O.  Smith 

Hawley  Markley  Spencer 

Hay  F.  S.  D.  Marshall  Stadden 

Heacock  T.  A.  Marshall  Swan 

Henderson  Mason  Thornton 

Hill  Matheny  Trower 

Hogue  Mieure  Turnbull 

Hunsaker  Minshall  Turner 

Hurl  but  Moffet  Tutt 

Huston  Moore  Tuttle 

Jackson  Nichols  Vance 

Jones  Northcott  Webber 

Kitchell  Oliver  Williams 

A.  R.  Knapp  Pace  Witt 

N.  M.  Knapp  H.  D.  Palmer  Worcester. 

Knowlton  Pratt  Mr.  President. 

On  motion, 
The  convention  adjourned. 

FRIDAY,  AUGUST  13,  1847. 

The  convention  assembled  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr.  Shields,  a  member. 
The  journal  of  yesterday  was  read. 

On  motion  of  Mr.  Roman, 

Leave  of  absence-was  granted  to  Mr.  Bunsen  for  eight  days,  in  conse- 
quence of  sickness. 

On  motion  of  Mr.  Northcott, 
Leave  of  absence  was  granted  to  Mr.  N.  M.  Knapp  for  ten  days. 

On  motion  of  Mr.  Manly, 

Leave  of  absence  was  granted  to  Mr.  Dunn  for  eight  days,  in  conse- 
quence of  sickness  in  his  family. 

Mr.  Sim  presented  the  petition  of  John  C.  Hanna,  and  forty-seven  oth- 
ers, praying  that  effective  provision  may  be  made  in  the  new  constitution 
for  an  exemption  of  160  acres  of  land,  or  a  town  lot  of  one  acre,  with  the 
improvements,  from  forced  sale  and  mortgage,  &c. 

On  motion  of  Mr.  Sim, 
The  petition  was  laid  on  the  table. 

On  motion  of  Mr.  N.  W.  Edwards, 
A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  that  the  fol- 
lowing members  were  absent,  viz: 

Messrs.  Adams,  Archer,  Ballingall,  Brown,  Bunsen,  T.  Campbell, 
Choate,  Church,  Constable,  T.  G.  C.  Davis,  Dement,  Dunn,  Farwell,  P. 


336 


JOURNAL  OF  THE  CONVENTION.       [August  13, 


Green,  Gregg,  Grimshaw,  Harvey,  Holmes,  S.  Kinney,  W.  C.  Kinney, 
Kitchell,  N.  M.  Knapp,  Lockwood,  Logan,  Matheny,  Minshall,  Norton, 
Pim:kney,Scates.Sharpe,  Sherman,  Shumway,  Thompson,  Vernor,  Wead, 
and  Woodson — 36. 

On  motion  of  Mr.  Z.  Casey, 

Further  proceedings  under  the  call  were  dispensed  with. 
On  motion  of  Mr.  Robbins, 

Leave  of  absence  was  granted  to  Mr.  Kitchell  for  eight  days. 

Mr.  Spencer  moved  that  the  rules  be  temporarily  suspended  to  enable 
him  to  offer  a  resolution. 

The  question  was  taken,  by  yeas  and  nays,  on  the  suspension,  ^two- 
thirds  being  necessary,) 


And  decided  in  the  negative3 


<Yeas, 
{Nays, 


81 
49 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Anderson 
Atherton 
Blair 
Blakely 
Brockman 
Butler 
Caldwell 
Canady 
Carter* 
F.  S.  Casey 
Z.  Casey 
Dale 

J.  M.  Davis 
Dawson 
Deitz 
Dunlap 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Harlan 


Mr.  Harper 
Harvey 
Hawley 
Hay  ' 
Hayes 
Hill 

Hunsaker 
Huston 
Jackson 
James 
Judd 
Kreider 
Lasater 
Laughlin 
Lemon 
Linley 
McCallen 
McCully 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Moffett 
Morris 
Nichols 
Northcott 


Mr.  Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Powers 
Rives 
Robbins 
Robinson 
Rouncree 
Scales 
Sharpe 
Shields 
Shuinway 
Sibley 
Sim 

Simpson 
Singleton 
E.  O,  Smith 
Spencer 
Stadden 
Thornton 
Trower 
Turn  bull 
Tuttle 
\Vebber 
Witt 
Worcester. 


Those  voting  in  the  negative,  .ire, 


Mr.  Armstrong 
Bond 

Bosbyshell 
Brown 

J.  M.  Campbell 
Church 
Churchill 
Colby 
Crain 
R.  J.  Cross 


Mr.  S.  J.  Cross 
D.  Davis 
Dummer 
Geddes 
H.  R.  Green 
W.  B.  Green 
Harding 
Hatch 
Heacock 
Henderson 


Mr.  Hoes 

Hogue 

Hurlbut 

Jenkins 

Jones 

Kenrier 

A.  R.  Knapp 

Knowlton 

Knox 


\ugu9l  13.]      JOURNAL  OF  THE  CONVENTION.  337 

ir.  Lander  Mr.  Peters  Mr.  Vance 

Loudon  Servant  West 

McClure  J.  Smith  Williams 

Mason  Swan  Whiteside 

Mieure  Thomas  Whitney 

Miller  Turner  Mr.  President, 

Moore  Tutt 

The  question  pending  when  the  convention  adjourned  on  yesterday, 
ras  on  the  adoption  of  the  second  section  of  the  report  of  the  select  com- 
nittee  of  twenty-seven  on  the  Judiciary  Department. 
The  question  was  taken,  and  decided*  in  the  affirmative. 
Mr.  Butler  moved  to  postpone  for  the  present  the  consideration  of  the 
kl,  4th,  5th,  6th,  7th,  8th,  9th,  10th,  1 1th  and  12th  sections,  and   to  pro- 
ved to  the  consideration  of  the  succeeding  sections. 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  Servant  moved  to  substitute  the  following  for  the  third  section: 
"The  governor  shall  nominate,  and  by  and  with   the   consent  of  the 
eoate,  appoint  the   judges  of  the  supreme  court   (two-thirds  of  all  the 
iators  elected  concurring  therein;)  said  judges  shall  hold  their  office  for 
2  teim  of  nine  years,  and  until  their  successors  shall    be    comtnissioned 
i  qualified;  Provided,  that  the  office  of  one  of  the  three  judges  first  ap- 
nted,  shall  be  vacated  at  the  end  of  three  years;  of  one   at  the  end  of 
years,  and  of  one  at  the  end  of  nine  ye  in-;  fo  be  dctei mined  by  lot  by 
e  said  judges  when  they  shall  be  commissioned  and  qualified;  and  after 
e  terms  of  the  first  three  judges  shall  have  expired,  as  herein  provided, 
judges  shall  be  appointed  and  commissioned   for  the  term  of  nine 
-s." 

Mr.  Lockwood  moved  to  amend  the  substitute  by  substituting  therefor 
e  following: 

*The  judges  of  the  supreme  court  shall  be  appointed  by  the  governor, 

and  with  the  advice  and  consent  of  two-thirds  of  all  the  senators  elec- 

d;  and  shall  hold   their  offices  for  the  period  of  fifteen  years,  and  until 

teir  successors  are  appointed  and  qualified,  and  the  said  judges  shall  not 

re-eligible  to  said  office," 

The  question  was  taken, and  the  amendment  forthe  substitute  rejected. 
The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  thesub- 
tute  offered  by  Mr.  Servant, 

And  decided  in  the  negative,       $MGaS' 

^iMays,         •         •         •         •        luo 

Those  voting  in  the  affirmative,  are, 

.  Anderson  Mr.  Huston  Mr.  Northcott 

Armstrong  Jackson  J.  M.  Palmer 

Bosbyshell  Judd  Peters 

Farwell  Knowlton  Powers 

Frick  Knox  Robinson 

Graham  Laughlin  Servant 

Geddes  Linley  Sharpe 

H.  R.  Green  McHatton  Simpson 

W.  B.  Green  F.  S.  D.  Marshall  Thornton 

Harner  Mason  Vance 

Hay  Miller  Webber 

Hayes  Moore  West. 

Holmes  Morris 

22 


338 


JOURNAL  OF  THE  CONVENTION.        [Augusi  13, 


Mr.  Adams 
Allen 
Atherton 
Blair 
Blakely 
Bond 
Brocktnan 
Brown 
Butler 
Caldwell 
J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 
Constable 
Crain 

R.  J.  Cross 
S.  J.  Crost 
Bale 

D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunsmore 
Eccles- 
Edmonson 
C.  Edwards 
N.  W.  Edward* 
Evey 


Mr.  P.    Green 

Harding 

Harlan 

Harvey 

Hatch 

Hawley 

Heacock 

H«ndersoa 

Hill 

Hoes 

Hogue 

Hun  sake? 

Hurlbut 

James 

Jenkins 

Jones 

Kenner 

A.  R.  Knapr> 

Kreider 

Lander 

Lasater 

Lemon 

Loekwood 

Logan 

Loudon 

McCallen 

McCully 

McClure 

Manly 

Markley 

T.  A.  Marshall 

Matheny 

Mieure 

Minshall 


Mr.  MofFett 
Nichols 
Oliver 
Pace 

H.  D.  Palmer 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Scates 
Shields 
Shumway 
Sibley 
Sim 

Singleton 
E.  O. 
J.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Trower 
Turn  bull' 
Turner 
Tutt 
Tuttle 
Williams 
Witt 

White  side 
Whitney 
Worcester 
Mr.  President. 


Mr.  Armstrong  moved  to  substitute  the  following  for  the  third  sectioi 

"The  justices  of  the  supreme  court  shall  be  elected  by  the  qualified  v< 
ters  of  the  state,  on  the  first  Monday  of  March  after  the  adoption  of  thi 
article;  returns  whereof  shall  he  made  to  the  secretary  of  state,  who  shz 
count  the  same  in  the  presence  of  the  governor  and  auditor,  or  either 
them  ;  the  three  persons  having  the  highest  number  of  votes  shall  be  elec 
ed." 

Mr.  Singleton  moved   to  amend  the   substitute  by   adding  thereto 
following: 

ji  And  be  forever  ineligible  to  re-election." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Pratt  moved  to  amend  the  substitute   by  substituting  therefor  tl 
following: 

"The  state  shall  be  divided  into  three  districts,  as  nearly  equal  in  poj 
ulation  as  may  be.     The  justices  of  the  supreme  court  shall  be  elected 
the  qualified  electors  of  the  state,  one  of  whom  shall  be  selected  from, 
reside  in  each  district." 

The  question  was  taken,  by  yeas  and  nays,  on  the  amendment  to 
substitute, 


And  decided  in  the  negative 


IN  ays, 


August  13.]         JOURNAL  OF  THE  CONVENTION. 

Those  voting  in  the  affirmative,  are, 


339 


'r.  Akin 
Allen 
Anderson 
Blair 
Blakely 
Bosbyshell 
Brown 
Butler 
Carter 
F.  S.  Casey 
Crain 
Dunlap 
Edmonson 
Evey 


Mr.  Farwell 
Hawley 
Henderson 
Hurlbut 
Huston 
Jenkins] 
Jones 
Kreider 
Laughlin 
Linley 
Lockwood 
Me  Cully 
McCluie 
McHatton 


Those  who  voted  in  the  negative,  are, 


r.  Adams 
Armstrong 
Atherton 
Bond 
Brockman 
Caldwell 
J.  M.  Campbell 
Canady 
Z.  Casey 
Church 
Churchill 
Constable 
R.  J.  Cross 
S.  J.  Cross       * 
Dale 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dummer 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Fnck 
Graham 
Geddes 
H.  R.   Green 
P.  Green 
W.  B.  Green 
Grimshaw 


Mr.  Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hay 
Hayes 
Hill 
Hoguc 
Holmes 
Hunsaker 
Jackson 
James 
Judd 
Kenner 
A.  R.  Knapp 
Knowlton 
Knox 
Lander 
Lasater 
Lemon 
Logan 
Loudon 
McCallenl 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 


Mr.  Manly 
Markley 
Morris 
Nichols 
Oliver 

H.  D.  Palmer 
Pratt 
Scates 
Sharpe 
Shields 
Simpson 
Singleton  j 

Whiteside. 


Mr.  Moore 
Northcott 
Pace 

J.  M.  Palmer 
Pinckney 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Servant 
Sibley 
Sim 

E.  O.  Smith 
J.  Smith 
Spencer 
£tadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Webber 
West 
Williams 
Whitney 
Worcester 
Mr.  President. 


The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  sub 
itute  for  the  third  section, 


And  decided  in  the  negative,   - 


(Yeas. 
"  (Nays, 


60 

77 


340  JOURNAL  OF  THE  CONVENTION.        [Augu  st  12 

Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Anderson 

Armstrong 

Blair 

Bosbyshell 

Brockman 

Brown 

Butler 

J.  M.  Campbell 

Carter 

F.  S.  Casey 

Z.  Casey 

Crain 

S.  J.  Cross 

Dale 

Dunlap 

Edmonson 

Evey 

Far  well 

Harvey 


Mr.  Hatch 
Hawley 
Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
Huston 
James 
Jenkins 
Kreider 
Lasater 
Laughlin 
Linley 
McCullj 
McClure 
McHatton 
Manly 
Markley 
Moore 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Atherton 
Caldwell 
Canady 
Church 
Churchill 
Constable 
R.  J.   Cross 
D.  Davis 
J.  M.  Davis 
T.   G.    C.  Davis 
Dawson 
Deitz 
Dutnmer 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Frick 
Graham 
Geddes 
H.  K.  Green 
P.  Green 
W.  B.  Green 
Grimshaw 
Harding 


Mr.  Harlan 
Harper 
Hay 
Hayes 
Holmes 
Hurlbut 
Jackson 
Jones 
Judd 
Kenner 
A.  R.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Minshall 


Mr.  Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Pratt 
Roman 
Rountree 
Scates 
Sharpe 
Simpson 
Singleton 
J.  Smith 
Stadden 
Tutt 
Webber 
Witt 

Whiteside 
Worcester 
Mr.  President. 


Mr.  Moflett 
Northcott 
H.  D.  Palmer 
Pinckney 
Powers 
Rives 
Robbing 
Robinson 
Servant 
Shields 
Sibley 
Sim 

E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
TuUle 
Vance 
West 
Williams 
Whitnev. 


Mr.  Geddes  offered    the  following  as  a  substitute  for  the  third  section 
"The  governor  shall  nominate,  and  by  and  with  the  advice   and  cor 
gent  of  the  senate,  ( a  majority  of  the  senators  elected  concurring  then 
in,)  appoint  the  judges  of  the  supreme  court.    Said  judges  shall  hold  the 
office  for  the  term  of  nine  year?,  and  until  their  successors  shall  be  con 
missioned  and  qualified;  Provided,  that   the   office    of    one   of  the  thrcj 
judges  first  appointed   shall  be  vacated  at  the  end  of  the  three  years; 
one  at  the  end  of  six  years,  and  of  one  at  the  end  of  nine  years;  to  be  d 
termined  by  lot  by  the  said  judges  when  they  shall  be  commissioned  ai 


August  13.]        JOURNAL  OF  THE  CONVENTION. 


341 


qualified;  and  after  the  terms  of  the  first  three  judges  shall  have  expired, 
as  herein  provided,  the  judges  shall  be  appointed  and  commissioned  for 
the  term  of  nine  years." 

On  motion  of  Mr.  Constable, 

The  main  question  was  ordered. 

The  question  was  taken  on  the  substitute,  and  decided  in  the  negative. 

Mr.  Kenner  called  for  a  division,  so  as  to  vote  first  on  the  adoption  of 
so  much  of  the  section  as  is  not  included  in  the  proviso. 

The  question  was  taken,  by  yeas  and  nays,  on  ordering  a  division. 


And  decided  in  the  negative, 


Yeas, 

Nays, 


Those  voting  in  the  affirmative,  are, 


40 
95 


Mr.  Adams 

R.  J.  Cross 

Deitz 

Dummer 

Eccles 

Gecldes 

P.  Green 

W.  B,  Green 

Harding 

Harlan 

Harper 

Hawley 

Hay     ' 

Hayes 


Mr.  Holmes 
Hurl  but 
Jackson 
Judd 
Kenner 
Lockwood 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Miller 
Minshall 
Northcott 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Atherton 
Blair 
Blakely 
Bond 

Bosbyshell 
Brockman 
Brown 
Butler 
Caldwell 
J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 
Constable 
Crain 

S.  J.  Cross 
Dale 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 


Mr.  Dunlap 
Dunsmore 
Edmonson 
C.  Edwards 
N.   W.  Edwards 
Evey 
Frick 
Graham 
Grimshaw 
Harvey 
Hatch 
Henderson 
Hill 
Hoes 
Hogue 
Hnnsaker 
Huston 
James 
Jenkins 
Jones 

A.  R.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 


Mr.J.  M.  Palmer 
Pinckuey 
Rives 
Robinson 
Sibley 
Sim 

Thornton 
Trower 
Turnbuli 
Turner 
Tutt 
Tuttle 
Vance. 


Mr.  Linley 
Logan 
Loudon 
McCallen 
McCully 
McClure 
McHattoa 
Manly 
Markley 
Mi  cure" 
Moffett 
Moore 
Morris 
Oliver 
Pace 

H.  D.  Palmer 
Peters 
Powers 
Rob  bins 
Roman 
Rountree 
Scates 
Servant 
Sharpe 
Shields 
Simpson 
Singleton 
Spencer 


344 


JOURNAL  OF  THE  CONVENTION.        [August  13. 


Mr.  Stadden 
Swan 
Thomas 
Webber 


Mr.  West 

Williams 

Witt 

Whiteside 


Mr.  Whitney 
Worcester. 
Mr.  President. 


The  question  was  taken,    by  yeas  and  nays,  on  the   adoption  of  the 
third  section, 


And  decided  in  the  affirmative, 
Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 
Athenon 
Blair 
Blakely 
Bond 

.   Brockman 
Brown 
Butler 
Cal  dwell 
J.  M.  Campbell 
Canady 
Church 
Churchill 
Constable- 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis* 
Dawson 
Dummer 
Dunlap 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 


Mr.  Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Grimshaw 
Harlan 
Hawley 
Hay 

Heacock 
Hill 
Holmes 
Hurlbut 
Jackson 
Jenkins 
Jones 

A.  R.  Knapp 
Knowltoti 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
F.  S.  D.  Marshall 
T.  A.   Marshall 
Matheny 


Those  voting  in  the  negative,  are. 


Mr.  Bosbyshell 
Carter 
F.  S.  Casey 
Z.  Casey 
Grain 

S.  J.  Cross 
Dale 
Deitz 
Evey 
Harwell 
Harding 
Harper 
Harvev 
Hatch" 
Hayes 
Henderson 
Hoes 
Hogue 


Mr.  Hunsaker 
Huston 
James 
Judd 
Kenner 
Kreider 
Lasater 
Laughlin 
Linlin 
McCully 
McClure 
McHatton 
Manly 
Markley 
Mason 
Minshall 
Moor* 


Mr.  Mieure 
Miller 
Moffett 
Morris 
Northcott 
H.  D.  Palmer 
Pinckney 
Powers 
Pratt 
Rives 
Robbins 
Robinson 
Roman 
Servant 
Shields 
Sim 

J.  Smith 
Spencer 
Swan 
Thomas 
Trower 
Yance 
Webber 
West 
Williams 
Wittl 
Whitney' 
Worcester 
Mr.  President. 


Mr.  Oliver 
Pace 

J.  M.  Palmer 
Peters 
Rountree 
Scates 
Sharpe- 
Sibley 
Simpson 
Singleton 
Stadden 
Thorntos 
Turnbult 
Turner 
Tutt 
Tuttle 
White  wde. 


88 
53 


August  13.]       JOURNAL  OF  THE  CONVENTION.  343 

Mr.  Constable  moved  a  reconsideration  of  the  last  vote  taken. 

The  question  was  taken,  and  decided  in  the  oegative. 

Mr.  Hogue  moved  to  amend  the  fourth  section  by  striking  out  the 
word  "three,*1'  in  the  second  and  third  lines,  and  to  insert  the  word  "two" 
in  lieu  thereof;  to  strike  out  the  word  "six,15  in  the  second  line,  and  to 
insert  the  word  ''four7'  in  lieu  thereof;  and  to  strike  out  (he  word  "nine," 
in  the  same  line,  and  to  insert  in  lieu  thereof  the  word  "six." 

Mr.  Knowlton  moved  to  substitute  for  the  words   "  two,"  "  four,"  a»d 
"six,"  proposed  to  be  inserted,  the  words  "four,"  "eight,"  and  «  twelve." 
On  motion, 

The  question  was  taken  on  striking  out,  and  decided  in  the  negative. 

The  question  was  consecutively  taken  on  the  adoption  of  the  fourth 
and  fifth  sections,  and  decided  in  the  affirmative. 

Mr.  Markley  moved  to  amend  the  sixth  section  by  striking  out  all  after 
the  word  <kheld,"  in  the  last  line,  and  to  insert  in  lieu  thereof  the  follow- 
ing: 

<'In  each  judicial  circuit." 

Mr.  Minshall  proposed  as  a  substitute  for  the  amendment  to  be  added  at 
the  end  of  the  section  the  following: 

"  And  provided,  that  the  legislature,  after  the  year  1850,  may  increase 
the  number  of  judges  to  four,  but  after  that  addition,  the  number  of  jus- 
tices  of  the  supreme  court  shall  not  be  increased  or  diminished." 
On  motion  of  Mr.  Witt, 

The  amendment  and  substitute  therefor  were  laid  on  the  table. 

Mr.  Armstrong  moved  to  amend  the  sixth  section  by  inserting  after  the 
word  "and,"  in  the  second  line,  the  words  "atsuch  place  or." 

Mr.  Scates  proposed  as  a  substitute  for  the  amendment,  to  strike  out  the 
words  "  and  places,"  in  the  second  line,  and  to  insert  before  the  words  "at 
such  times,"  the  words  uat  one  place." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  wa^taken  on  the  amendment  proposed  by  Mr.  Armstrong, 
and  decided  in  the  affirmative. 

Mr.  Harding  moved  to  amend  the  same  section,  by  adding  at  the  end 
thereof  the  words  "in  each  grand  division." 

Mr.  Hurlbut  moved  to  substitute  for  the  amendment  the  words  "in  the 
state." 

On  motion, 

The  convention  adjourned  to  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  K. 


The  convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  D.  Davis, 
A  call  of  the  convention  was  ordered; 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  that  the  fol- 
lowing members  were  absent,  viz: 

Messrs.  Archer,  Ballingall,  Bosbyshell,  Brown,  Bunsen,T.  Campbell, 


344 


JOURNAL  OF  THE  CONVENTION.      [August  l\ 


Carter, Choate,  Dement,  Dunn,C.  Edwards,  Farwell,  H.R.  Green,  Gregg, 
Grimshaw,  Heacoek,  Hoes,  S.  Kinney,  W.  C.  Kinney,  Kitchell,  N.   M.j 
Knapp,  McCallen,  Matheny,  Morris,  Norton,  Robinson,  Servant,  Sher- 
man, E.  O.  Smith,  Thompson,  Vernor,   Wead,   Williams,  and    Wood- 
son— 34. 

On  motion  of  Mr.  Northcott, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  pending  when  the  convention  adjourned  was  on  the  sub-| 
stitute  proposed  by  Mr.  Hurlbut  for  the  amendment  offered  by  Mr.  Har- 
ding to  the  sixth  section,  as  amended,  of  the  report  of  the  select  com- 
mittee of  twenty-seven  on  the  Judiciary  Department. 

Mr.  Harding  withdrew  his  amendment. 

Mr.  Hurlbut  moved  to  amend  the  same  section,  by  adding  at  the   endj 
thereof  the  words  "in  the  state.0 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Harding  moved  to  amend  the  same  section,  as  amended,  by  striking 
out  all  after  the  word  "  divisions." 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 


AT 

(IN  ays, 


64 
69 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Armstrong 
Atherton     - 
Blakely 
F.  S.  Casey 
Z.  Casey 
Grain 

S.  J.  Cross 
J.  M.  Davis 
Deitz 
Dummer 
Dunsmore 
Frick 
P.  Green 
Gnmshaw 
Harding 
Harlan 
Harper 
Hunsaker 
Huston 


Mr.  Jenkins 
Jones 
Judd 
Kenner 
A.  R.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Manly 
Mieure 
Miller 
Minshall 
Moore 
Nichols 
Oliver 
Pace 

Pinckney 
Pratt 
Rives 
Robinson 


Those  voting  in  the  negative,  are, 


Mr.  Anderson 
Blair 
Bond 
Brockman 
Brown 
Butler 
Caldwell 
J.  M.  Campbell 


Mr.'Canady 
Church 
Churchill 
Colby 
Constable 
R.  J.  Cross 
Dale 
D.  Davis 


Mr.  Romans 
Scates 
Servant 
Shields 
Sibley 
Sim 

Singleton 
Stadden 
Swan 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Webber 
Witt 

Whiteside 
Whitney 
Worcester. 


Mr,  T.  G.  C.  Davis 
Dawson 
Dunlap 
Ecclcs 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 


August  13.]       JOURNAL  OF  THE  CONVENTION.  315 

Mr.  Graham  Mr.  Knowlton  Mr.  Northcott 

Geddes  Laughlin  H.  D.  Palmer 

W.  B.  Green  Lemon  J.  M.  Palmer 

Harvey  Linley  Peteis 

Hatch  Lockwood  Powers 

Hay  Logan  Robbing 

Hayes  McCully  Rountree 

Heacock  McClure  Shumway 

Henderson  .McHatton  Simpson 

Hill  Markley  J.  Smith 

Hogue  F.  s-  I>.  Marshall  Spencer 

Holmes  T.  A.  Marshall  Thomas 

Hurlbut  Mason  West 

Jackson  Moffett  Williams 

James  Morris  Mr.  President 

Mr,  Geddes  moved  that  the  same  section,  as  amended,  be  further  amend- 
ted  by  striking  out  the  words  "or  places." 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Constable  moved  to  strike  out  the  section,  as  amended,  and  to  sub- 
stitute therefor  the  following: 

"  The  supreme  court  shall  hold  one  term  annually  in  each  of  the  afore- 
said grand  divisions,  at  such  'time  and  place  in  each  grand  division  as  shall 
be  directed  in  this  constitution,  and  the  three  grand  divisions  shall  be  as 
follows,  to  wit: 

"  The  counties  of  shall  form  the 

first  division,  and  the  supreme  court   shall  be   held  at  ,  in  the 

county  of  • 

[  "The  counties  of  shall  form  the 

second  division,  and  the  supreme  court  shall  be  held  at  ,  in  the 

county  of 

*«  The  counties  of  shall   form  the 

third  division,  and  the  supreme  court  shall    be  held  at  ,  in  the 

county  of  ." 

Mr.  T.  A.  Marshall  moved  to  amend  the  substitute  for  the  sixth  sec- 
tion, by  substituting  therefor  the  following: 

"  One  term  of  the  supreme  court  shall  be  held  annually  in  each  judi- 
cial? circuit,  at  such  time  and  place  as  shall  be  provided."* 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
substitute  for  the  substitute, 


>         decided  in  the  negative,  *     *     "     * 

Those  voting  in  the  affirmative,  are, 

Mr.  Armstrong  Mr.  P.  Green  Mr.  Jenkins 

Blair  Harding            •                            Kenner 

Bosbyshell  Harlan                                         Knowlton 

Broclunan  Harvey                                          Kreider 

Butler                    *  Hatch                                            Laughlin 

J.  M.   Campbell  Hawley                                         Linley 

Carter  Henderson                                    McClure 

Churchill  Hunsaker                                      McHatton 

8.  J.  Cross  Huston                                        Manly 

Frick  James                                          Markley 


316  JOURNAL  OF  THE  CONVENTION.        [August  13 

Mr.  T.  A.  Marshall  Mr.  Rives                                   Mr.  Singleton 

Miller  Shields  Spencer 

Moore  Shumway  Stadoen 

Morris  Sim  Trower 

Nichols  Simpson  Tutt. 
Powers 

Those  voting  in  the  negative,  arc, 

Mr.  AdamsJ  Mr.  Graham                              Mr.  Oliver 

Akin  Geddes  Pace 

Allen  W.  P.  Green  H.  D.  Palmer 

Anderson  Gregg  J.  M.  Palmer 

Atherton  Grimshaw  Peters 

Blakely  Harper  Pinckney 

Bond  Hayj  Pratt 

Brown  Hayes  Robinson 

Caldwell  Heacock  Roman 

Canady  Hill  Rountree 

F.  S.  Casey  Hogue  Scates 

Z.  Casey  Holmes  Servant 

Church  Hurlbut  Sharpe 

Colby  Jackson  Sibley 

Constable  Jones  J.  Smith 

Crain  Judd  Swan 

R.  J.  Cross  A.  R.  Knapp  Thomas 

Dale  Knox  Thornton 

D.  Davis  Lander  Turn  bull 

J.  M.  Davis  Lasater  Turner 

T.  G.  C.  Davis  Lemon  Tuttle 

Dawson  Lockwood  Vance 

Dummer  Lo.;an  Webber 

Dunlap  Loudon  West 

Dunsmore  Me  Cully  Williams 

Eccles  F.  S.  Ik  Marshall  Witt 

Edmonson  Mieure  Whiteside 

C.  Edwards  Minshall  Whitney 

N.  W.  Edwards  Moffett  Worcester 

Evey  Northcott  Mr.  President. 

Mr.  Harvey  called  fora  division,  so  as  to  vote  first  on  striking  out. 
The  question  was  taken,  and  decided  in  the  negative. 
The  question  was  taken,  by  yeas  and  nays>  on   the  adoption  of  t 
substitute  offered  by  Mr.  Harding, 


And  decided  in  the  negative,       J^'  J~ 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Church                                 Mr.  Harding 

Akin  Constable  Harper 

Allen  Crain  Hogue 

Atherton  R.  J.  Cross  Hunsaker 

Blakely  S.  J.  Cross  Jackson 

Brockman  J.  M.  Davis  Jenkins 

J.  M.  Campbell  Dummer  Kenner 

Canady  Dunsmore  A.  R.  Knapp 

Carter  Frick  Knox 

F.  S.  Casey  Geddes  Lander 

Z.  Casey  W.  B.  Green  Lasater 


August  13.]      JOURNAL  OF  THE  CONVENTION. 


347 


Mr.  Lemon 
Loudon 
McHatton 
Manly 
Mieure 
Minshall 
Nichols 
Oliver 

H.  D.  Palmer 
Pinckney 


Mr.  Pratt 
Robinson 
Scates 
Shields 
Sibley 
Sim 

Simpson 
Swan 
Thornton 
Trower 


Those  voting  in  the  negative,  are, 


Mr.  Anderson 
Armstrong 
Blair 
Bond 

Bosbyshell 
Brown 
Butler 
Caldwell 
Churchill 
Colby 
Dale 

T.  G.  C.  Davis 
Dawson 
Deitz 
Dunlap 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Graham 
P.  Green 
Gregg 
Grimshaw 


Mr.  Harlan 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Henderson 
Hill 
Holmed 
Hurlbut 
Huston 
James 
Jones 
Judd 

Knowlton 
Kreider 
Laughlin 
Linley 
Lockwood 
Me  Cully 
McClure 
Markley 
F.  S.  D.  Marshall 


Mr.  Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Witt 

Whiteside 
Whitney 
Worcester. 


Mr.ST.  A.  Marshall 
Miller 
Moffett 
Moore 
Morris 
Northcott 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Rives 
Robbins 
Roman 
Rountree 
Servant 
Sharpe 
Shumway 
Singleton 
Spencer 
Sladden 
Thomas 
Tutt 
Mr.  President. 


Mr.  Eccles  demanded  the  previous  question. 

The  question  was  taken,  and  decided  in  the  negativet 

Mr.  Hogue  moved  to  substitute  for  the  section  the  following: 

"The  supreme  court  shall  be  held  at  the  seat  of  government  once  or 

more  in  each  year,  at  such  time  as  the  general  assembly  may  direct." 
Mr.  Harding  moved  to  amend  the  substitute  by  substituting  therefor  the 

following:  < 

"  The  supreme  court  shall  hold  one  or  more  terms  annually  in  but  one 

place  in  each  grand  division." 

On  motion  of  Mr.  Powers, 


The  main  question  was  ordered, 
Those  voting  in  the  affirmative,  are,. 


<Yeas, 

{Nays, 


83 

52 


Mr.  Akin 
Allen 
Anderson 
Blair 
Brown 
Butler 


Mr.  Caldwell 
Canady 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 


Mr.tDale 

T.  G.  C.  Davis 

Dawson 

Dunlap 

Eccles 

Edmonson 


348 


JOURNAL  OF  THE  CONVENTION.      [August  I 


Mr.  C.  Edwards 

Mr.  A.  R.  Knapp 

N.  W.  Edwards 

Kreider 

Graham 

Lander 

Geddes 

Lemon 

P.  Green 

Lockwood 

Gregg 

Loudon 

Harlan 
Harper 

McCully 
McHatton 

Harvey 

Manly 

Hay 

F.  S.  D.  Marshall 

Hayes 

T.  A.  Marshall 

Heacock 

Miller 

Hill 

Moffett 

Hogue 
Holmes 

Moore 
Morris 

Hurl  but 

Oliver 

Huston 

Pace 

Jackson 

H.  D.  Palmer 

James 

J.  M.  Palmer 

Jenkins 

Peters 

Jones 
Judd 

Pinckney 
Powers 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  W.  B.  Green 

Armstrong 

Grimshaw 

Atherton 

Harding 

Brockman 

Hatch 

J.  M.  Campbell 
Carter 

Havvley 
Henderson 

Colby 

Hoes 

Constable 

Hunsaker 

Grain 

Kenner 

R.  J.  Cross 

Knovvlton 

S.  J.  Cross 

Knox 

D.  Davis 

Lasater 

J.  M.  Davis 

Laughlin 

Deitz 

Linley 

Dummer 

Logan 

Dunsmore 

McClure 

Evey 
Frick 

Markley 

Mr.  Pratt 
Rives 
Robbins 
Roman 
Roun  tree 
Sharpe 
Shields 
Sibley 
Simpson 
J.  Smith 
Spencer 
Stadden 
Thomas 
Turnbull 
Turner 
Tutt 
Vance 
Webber 
West 
Williams 
Whiteside. 


Mr.  Mieure 
Minshali 
Northcott 
Robinson 
Scates 
Servant 
Sh  um  way 
Sim 

Singleton 
Swan 
Thornton 
Trower 
Tuttle 
Witt 
Whitney 
Worcester 
Mr.  President. 


The  question   was  taken,  by  yeas  and  nays,  on  the  adoption   of  tl 
substitute  for  the  substitute, 


And  decided  in  the  negative, 


5  Yeas, 


68 
68 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Akin 
Allen 
Atherton 
Brockman 
J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Zadok  Casey 


Mr.'Church 
Constable 
Crain 

J.  M.  Davis 
Deitz 
Dummer 
Dunsmore 
N.  W.  Edwards 
Frick 
Geddes 


Mr.  P.  Green 
W.  B.  Green 
Harding 
Harper 
Hill 

Hunsaker 
Huston 
Jackson 
James 
Jenkins 


13.]       JOURNAL  OF  THE  CONVENTION. 


310 


Mr.  Judd 
Ken  tier 
A.  R.  Knapp 
Knux 
Lemon 
Loudon 
Me  Call  en 
McHatton 
Mason 
Mieure 
Mmshall 
Moffett 
Nichols 


Mr.  North cott 
Oliver 

H.  D.  Palmer 
Pinckney 
Pratt 
Robinson 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
Spencer 
Stadden 


Mr.  Swan 
Thornton 
Trower 
Turnbull 
Turner 
Tattle 
Vance 
Webber 
West 
Whiteside 
Whitney 
Worcester. 


Those  voting  in  the  negative,  are, 


Air.  Anderson 
Armstrong 
Blair 
Bond 
Blown 
Butler 
Caldwell 
Churchill 
Colby 
R.  J.  Cross 
S.  J.  Cross 
Dale 

D.  Davis 
Dawson 
Dunlap 
Eccles 
Edmonsoi 
C.  Edwards 
Evey 
Graham 
Grimshaw 
Harlan 
Harvey 


Mr.  Hatch 
Hay 
Hayes 
Heacock 
Henderson 
Hoes 
Hogue 
Holmes 
Hurlbut 
Jones 
Knowlton 
Kreider 
Lander 
Lasater 
Laughlin 
Linley 
Lockwood 
Logan 
McCully 
McClure 
Manly 
Markley 
F.  S.  D.  Marshall 


Mr.  T.  A.  Marshall 
Miller 
Moore 
Morris 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Rives 
Robbins 
Roman 
Rountree 
Scates 
Servant 
Sharpe  • 
Singleton 
J;  Smith 
Thomas 
Tutt 
Williams 
Witt 
Mr.  President. 


The  question   was   taken,    by  yeas  and  nays,  on  the  adoption  of  the 
substitute  offered  hj^Mr.  Hogue, 


And  decided  in  the  negative, 


(Yeas, 
I  Nays, 


40 
97 


Those  voting  in  the  affirmative,  are, 


Mr.  Bond 
Brown 
Canady 
Carter 
Dawson 

N.  W.  Edwards 
Evey 
Graham 
Geddes 
W.  B.  Green 
Harper 
Hayes 
Hogue 
Holmes 


Mr.  Jackson 
Jones 
Judd 
KP.OX 
Lander 
Lasater 
Lemon 
Lockwood 
F.  S.  D.  Marshall 
Mason 
Minshall 
Pace 
J.  M.  Palmer 


Mr.  Pinckney 
Robinson 
Scates 
Servant 
Sharpe 
Sim 

Simpson 
Singleton 
Thornton 
Turner 
Tuttle 
Witt 
Worcester. 


350 


JOURNAL  OF  THE  CONVENTION.       [August  13 


Those  voting  in  the  negative,  are, 


Mr.  Adams 

Mr.  Gregg 

Mr.  Miller 

Akin 

Grimshaw 

Moffett 

Allen 

Harding 

Moore 

Anderson 

Harlan 

Morris 

Armstrong 

Harvey 

Nichols 

Atherton 

Hatch 

Northcott 

Blair 

Hawley 

Oliver 

Blakely; 

Hay    ' 

H.  D.  Palmer 

Brockman 

Heacock 

Peters 

Butler 

Henderson 

Powers 

Caldwell 

Hill 

Pratt 

J.  M.  Campbell 

Hoes 

Rives 

F.  S.  Casey 

Hunsaker 

Robbins 

Z.  Casey 

Hurlbut 

Roman 

Church 

Huston 

Rountree 

Churchill 

James 

Shields 

Constable 
Grain 

Jenkins 
Kenner 

Shumway 
Sibley 

R.  J.  Cross 

A.  R.  Knapp 

J.  Smith 

S.  J.  Cross 

Knowlton 

Spencer 

Dale 

Kreider 

Stadden 

J.  M.  Davis 

Laughlin 

Swan 

T.  G.  C.  Davis 

Linley 

Thomas 

Deitz 

Loudon 

Trower 

Dummer 

McCallen 

Turnbuli 

Dunlap 

Me  Cully 

Tutt 

Duns  more 

McClure 

Vance 

Eccles 

McHatton 

Webber 

Edmonson 

Manly 

Williams 

C.  Edwards 

Markley 

Whiteside 

Frick 

T.  A.  Marshall 

Whitney 

P.  Green 

Mieure 

Mr.  President. 

The   question 

was  taken,  by  yeas  and 

nays,   on  the  adoption   of  the 

sixth  section,  as 

amended, 

And    decided 

in  the  affirmative,     <^a 

s,                                        85 
s,                                        52 

Those  voting 

in  the  affirmative,  are, 

41 

Mr.  Adams 

Mr.  T.  G.  C.  Davis 

Mr.  Holmes 

Akin 

Dawson 

Hurlbut 

Anderson 

Dunlap 

Huston 

Armstrong 

Dunsmore 

James 

Blair 

Eccles 

Jones 

Bond 

Edmonson 

Kenner 

Brockman 

C.  Edwards 

A.  R.  Knapp 

Brown 

N.  W.   Edwards 

Knowlton 

Bntler 

Gedtles 

Kreider 

Caldwell 

P.  Green 

Laughlin 

J.  M.  Campbell 

W.  B.  Green 

Linley 

Canady 

Gregg 

Lockwood 

Church 

Grimshaw 

Logan 

Churchill 

Harlan 

Loudon 

Colby 

Harvey 

McCallen 

Crain 

Hay    ' 

McCully 

R.  J.  Cross 

Heacock 

McClure 

S.  J.  Cross 

Henderson 

McHattoa 

Dale 

Hill 

Manly 

Uugust  13.]        JOURNAL  OF  THE  CONVENTION.  351 

!  Mr.  F.  S.  D.  Marshall  Mr.  Powers  Mr.  Spencer 

'  T.  A.  Marshall  Pratt  Thomas 

Mieure  Kives  Tutt 

Miller  Robbing  Vance 

Moffett  Roman  Williams 

Nichols  liountrec  Witt 

H.  D.  Palmer  Sharpe  Whitney 

Peters  Simpson  Mr.  President. 

Pinckney  J.  Smith 

Those  voting  in  the  negative,  are, 

Mr.  Allen  Mr.  Hoes  Mr.  J.  M.  Palmer 

Atherton  Hogue  Robinson 

Blakely  Hunsaker  Scates 

Carter  Jackson  Servant  v 

F.  S.  Casey  Jenkins  Shields 

Z.  Casey  Judd  Shumway 

Constable  Knox  Sibley 

J.  M.  Davis  Lander  Sim 

Deitz  Lasater  Singleton 

Bummer  Lemon  Swan 

Evey  Markley  Thornton 

Frick  Mason  Turnbull 

Graham  Minshall  Turner 

Harding  Moore  Tuttle 

Harper  Northcott  Webber 

Hatch  Oliver  Whiteside 

Hawley  Pace  Worcester. 
Hayes 

Mr.  Rountree  moved  to  postpone  the  consideration  of  the  7th,  8th,  9th, 
10th,  llth  and  12th  sections  for  the  present. 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Armstrong  moved  that  the  following  be  substituted  in  lieu  of  the 
13th  section: 

"There  shall  be  in  each  county  in  this  state  a  county  court/Jo  consist 
of  one  judge  and  two  associates,  who  shall  be  elected  by  the  qualified 
voters  of  the  county,  on  the  same  day  fixed  for  the  election  of  other 
judicial  officers,  who  shall  hold  their  offices  four  years  and  until  their  suc- 
cessors are  elected  and  qualified." 

Mr.  Singleton  moved  to  amend  the  substitute  by  substituting  therefor 
the  following: 

"1st.  There  shall  be  in  each  county  in  this  state  a  county  court,  to  be 
composed  of  the  justices  of  the  peace  of  the  several  counties.  And  no 
other  tribunal  shall  hereafter  be  created  for  the  management  and  direction 
ofsui'h  matters  as  may  pertain  to  the  inteinal  regulations  of  the  counties. 

"!2d.  Said  justice  shall  not  be  allowed  any  other  compensation  for  their 
services  as  members  of  said  court  than  exemption  from  military  duty 
and  labor  upon  the  public  highways. 

"3d.  Said  courr  shall  have  original  jurisdiction  of  all  causes  to  which 
the  county  is  or  may  be  a  party,  and  shall  exercise  all  the  powers  and 
duties  of  probate  court  not  conferred  by  law  upon  the  circuit  court,  and 
such  other  jurisdiction  as  the  legislature  may  confer. " 

The  rule  having  been  temporarily  suspended, 
On  motion  of  Mr.  Logan, 


352  JOURNAL  OF  THE  CONVENTION.       [August  13. 

Resolved,  That  a  committee  of  nine,  one  from  each  judicial  circuit  be 
appointed  to  divide  the  state  into  three  grand  divisions,  for  the  election 
of  judges  of  the  supreme  court. 

5.  That  said  committee  be  instructed  to  make  said  divisions,  as  nearly 
equal  in  population  as  practicable,  and  to  make  said  divisions  by  lines 
running,  as  nearly  as  may  be,  east  and  west  across  the  state,  with  county 
lines. 

3.  That  said  committee  be  instructed  to  fix  one  place  in  each  grand 
division  for  holding  the  supreme  court,  until  otherwise  provided  by  law. 

Ordered,  That  Messrs.  Logan,  Gregg,  Pratt,  Peiers,  Harvey,  Harlan, 
Caldwell,  Brown  and  Thomas  be  that  committee. 

The  rule  having  been  temporarily  suspended, 

Mr.  J.  M.  Palmer,  from  the  committee  on  Education,  reported  the  fol- 
lowing as  suitable  to  be  engrafted  in  the  revised  constitution: 

ARTICLE  — . 

SECTION  1.  The  moneys  received  from  the  United  States  under  the 
provisions  of  the  act  of  Congress  of  the  18th  day  of  April,  1818,  for  the 
encouragement  of  learning,  constituting  "the  school  fund,"  and  that 
bestowed  on  a  college  or  university,  constituting  "the  college  fund," as  well 
as  that  arising  from  the  sale  of  lands  granted  for  the  use  of  a  seminary 
of  learning,  constituting  *Hhe  seminary  fund,'' with  all  additions  which 
have  been  or  that  may  hereafter  be  made  to  said  funds,  or  any  of  them, 
shall  remain  perpetual  funds  and  be  held  by  the  state  for  the  uses  and 
purposes  aforesaid,  the  annual  interest  only  to  be  applied  to  the  support 
of  schools,  a  college  or  seminaries,  under  the  authority  of  the  general 
assembly. 

SEC.  !2.  Officers  and  trustees  having  the  care  or  control  of  any  school, 
college  or  seminary  funds,  or  any  school  fund  of  any  township  in  this  state 
for  investment,  may  purchase  therewith  or  invest  the  same  in  the  bonds 
of  this  state,  at  their  market  value,  under  such  regulations  as  the  general 
assembly  may  prescribe,  and  it  shall  be  the  duty  of  the  general  assembly 
to  provide  for  the  prompt  payment  of  the  interest  on  such  bonds  so  pur- 
chased as  aforesaid,  as  the  same  becomes  due;  Provided,  that  the  general 
assembly  may  hereafter  prohibit  or  restrict  such  investments  as  the  pub- 
lic good  may  require. 

SEC.  3.  It  shall  be  the  duty  of  the  general  assembly  to  provide  for  a 
system  of  common  schools,  which  shall  be  as  nearly  uniform  as  may  be 
throughout  the  state,  and  such  common  schools  shall  be  equally  free  to  all 
the  children  in  the  state,  and  no  sectarian  instruction  shall  be  permitted 
in  any  of  them. 

SEC.  4.  Thesuperintendency  of  public  instruction  in  this  state  shall  be 
vested  in  an  officer  to  be  styled  "the  superintendent  of  common  schools," 
and  such  county  and  local  supcrintendencies  as  may  be  established  by 
law." 

SEC.  5.  At  the  first  session  of  the  general  assembly  after  the  adoption 
of  this  constitution,  and  biennially  thereafter,  it  shall  be  the  duty  of  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate,  (a  majority  of 


August  14.]        JOURNAL  OF  THE  CONVENTION.  353 

all  the  members  elected  thereto  concurring  therein,)  to  appoint  a  superin- 
tendent of  common  schools,  who  shall  hold  his  office  for  the  term  of  two 
'  years  and  shall  perform  such  duties  and  receive  such  salary  as  the  general 
.assembly  may  prescribe;  Provided,  that  vacancies  occurring  in  said  office 
by  death,  resignation,  refusal  to  act,  or  otherwise,  may  be  filled  by  the 
[governor,  and  persons  thus  appointed  shall  continue  in  office  until  the  end 
of  the  next  session  of  the  general  assembly. 

SEC.  6.  The  preceding  section  shall  continue  in  force  for  the  term 
six  years  from  and  after  the  time  at  which  such  first  appointment  is  made 
in  pursuance  thereof,  and  no  longer,  after  which  time  the  general  assem- 
)ly  may  provide  for  the  continuance  of  said  office  or  for  the  election  of 
such  office  by  the  people. 

On  motion  of  Mr.  J.  M.  Palmer, 

The  reading  of  the  report  was  dispensed  with,  the  report  laid  on  the 
table,  and  250  copies  ordered  to  be  printed  for  the  use  of  the  convention. 

On  motion, 
The  convention  adjourned.  „ 

SATURDAY,  AUGUST  14,  1847. 

The  president  being  absent  in  consequence  of  sickness  in  his  family, 
On  motion  of  Mr.  Rountree, 

Hon.  Z.  Casey  was  appointed  president  pro  tempore;  who  took  the 
chair. 

The  journal  of  yesterday  was  read  and  corrected. 

The  question  pending  when  the  convention  adjourned  on  yesterday,  was 
on  the  substitute  offered  by  Mr.  Singleton  for  the  substitute  proposed  by 
Mr.  Armstrong,  for  the  13th  section  of  the  report  of  the  select  -committee 
>f  twenty-seven  on  the  Judiciary  Department. 

Mr.  Armstrong  modified  his  proposed  amendment  by  striking  out  the 
words  "on  the  same  day  fixed  for  the  ejection  of  other  judicial  officers," 
ind  by  inserting  in  lieu  of  them  the  words  "as  shall  be  provided  by  the 
general  assembly." 

Mr.  Archer  moved  to  amend  the  amendment,  as  modified,  by  inserting 
ifter  the  word  "associates,"   the  words  "the  latter  being  justices  of  the 
>eace,  to  be  drawn  alternately  from  each  precinct  in  the  county." 
On  motion  of  Mr.  Constable, 

The  main  question  was  ordered. 

The  question  was  taken  upon  the  adoption  of  the  amendment  to  the 
imeodment,  and  decided  in  the  negative. 

The  question  was  taken,  by  yeas  and  nays,  upon  the  adoption  of 
he  modified  amendment, 


And  decided  in  the  negative,         NS'  8*2 

23 


35  i 


JOURNAL  OF  THE  CONVENTION.       [August 


Those  voting  in  the  affirmative,  are, 


Mr.  Armstrong 
Blair 
Blakely 
Bond 

Bosbyshell 
Brocktnan 
Churchill 
Grain 
Deitz 
frick 
W.  B.  Green 

Harding 
Harper 
Haw  ley 

Henderson 


Mr.  Hill 
Hoes 
Hogue 
Jackson 
Jenkins 
Judd 
Kreider 
Laugh  1m 
Lemon 
Linley 
McClure 
McHatton 
Markley 

F..S.D.  Marshall 
Morris 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Atherton 
Brown 
Butler 
Caldwell 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Constable 
R.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Daw  son 
Dummer 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Graham 


Mr.  Geddes 

H.  R.  Green 

P.    Green 

Grimshaw 

Harlanj 

Harvey 

Hatch 

Hay 

Heacock 

Holmes 

Hunsaker 

Hurlbut 

Huston 

James 

Jones 

Kenner 

A.  R.  Knapp 

Knox 

Lander 

Lasater 

Lockwood 

McCallen 

McCully 

Manly 

T.  A.  Marshall 

Mason 

Mieure 

Miller 


Mr.  Nichols 
Rives 
Robinson 
Sharpe 
Shields 
Singleton 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Turnbul? 
Tutt 
Vance 
Witt 
Wbiteside. 


Mr.  Minshali 
Moifett 
Moore 
Northcott 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Pinckney 
Powers 
Robbins 
Roman 
Roantree 
Scates 
Servant 
Shurnway 
Sibley    ' 
Sim 

Simpson 
Thomas 
Thornton 
Trower 
Turner 
Webber 
West 
Williams 
Worcester. 


The  question  was  taken  on  the  adoption  of  the  13th  section,  and  decided 
in  the  affirmative. 

Mr.  West  moved  to  strike  out  the  14th  section,  and  add  instead  of  it, 
the  following: 

"There  shall  be  established  in  each  county  in  this  state  a  court  of  pro- 
bate, which  shall  be  a  court  of  record,  to  consist  of  one  officer,  who  shall  be 
elected  by  the  qualified  voters  of  the  counties  respectively,  and  be  styled 
the  "judge  of  probate,0  whose  compensation  shall  be  regulated  by  law. 

"The  courts  of  probate  shall  have  jurisdiction  in  matters  relating  to  the 
settlement  of  the  estates  of  deceased  persons,  executor?,  administrators 


August  14.]        JOURNAL  OF  THE  CONVENTION. 


355 


and  guardians,  and  such  other  jurisdiction  as  may  be  assigned  to  them  by 
law." 

Mr.  J.  M.  Palmer  moved  to  amend   the  amendment  by  adding  to  it: 

"And  the  justices  of  the  peace  of  the  counties  in  this  state  shall  be  di- 
vided into  four  classes,  by  lot,  and  one  of  said  classes  shall  sit  with  said 
judge  of  probate  at  each  quarterly  term  for  the  transaction  of  county 
business;  Provided,  all  the  justices  of  the  peace  of  the  counties  shall  be 
entitled  to  seats  in  said  couit,  but  only  the  class  required  to  sit  in  said_ 
court  shall  receive  compensation  for  their  services." 

Which  amendment  to  the  amendment  was  rejected. 

The  question  was  taken,  by  yeas  and  nays,  upon  the  adoption  of  the 
amendment, 


And  decided  in  the  affirmative, 


}M      ' 
(i\iays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Armstrong 

Fanvell 

Frick 

H.  R.  Green 

W.  B.  Green 

Harper 

Hay 

Hayes 


Mr.  Hill 
Hoes 
Hogue 
Jackson 
Judd 
Kenner 
Mason 
Oliver 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Allen 
Anderson 
Archer 
Atherton 
Blair 
Blakely 
Bond 

Bosbyshell 
Brockman 
Brown 
Butler 
Caldwell 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Churchill 
Constable 
R.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 


Mr.  N.  W.  Edwards 
Evey  * 

Graham 
Geddea 
Gregg 
P.  Green 
Grimshaw 
Harding 
Harlan 
Harvey 
Hatch 
Hawley 
Henderson 
Holmes 
Hunsaker 
Hurlbut 
Huston 
James 
Jones 

A.  R.  Knapp 
Kriox 
Kreider 
Lasater 
Laughlin 
Lemon 
Linley 
Loudon 
McCallen 
Me  Cully 
McClure 


25 

100 


Mr.  J.  M.  Palmer 
Powers 
Robinson 
Scales 
Sim 

Spencer 
Stadden 
West. 


Mr.  McHatton 
Manly 
Mark  ley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Nichols 
Northcott 
Pace 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Simpson 
Singleton 
E.  O.  Smith 
J.  Smith 


356  JOURNAL  OF  THE  CONVENTION.      [August  14. 

Mr.  Swan  Mr.  Turner  Mr.  Whiteside 
Thomas                                       Vance  Whitney 

Thornton  Webber  Worcester. 

Trower  Williams 

The  question  was  taken  on  the  adoption  of  the  14th  section,  and  decided 
in  the  affirmative. 

Mr.  Scates  moved  to  postpone  the  consideration  of  the  15th.  16th  and 
17th  sections  for  the  present. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Robbins  moved  to  amend  the  15th  section   by  adding  thereto: 

"Special  pleadings  in  the  county  court  in  relation  to  matters  of  pro- 
bate and  in  relation  to  county  business  shall  not  be  required." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Shields  moved  to  amend  the  15th  section,  by  striking  out  all  after 
the  word  "probate,"  and  by  inserting  in  lieu  thereof  the  following: 

t;And  all  county  business  with  such  other  business  as  the  legislature 
may  impose." 

The  question  was  taken  and  decided  in  the  negative. 

Mr.  Armstrong  moved  to  amend  the  15th  section  by  striking  out  all 
after  the  word  "where,"  in  the  3d  line,  and  to  insert  in  lieu  thereof  the 
words  "the  offence  is  not  capital  or  punishable  by  imprisonment  in  the 
penitentiary." 

The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Caldwell, 

The  same  section  was  amended  by  striking  out  the  words  "matters  of," 
and  the  word  "with,"  in  the  first  line,  and  by  inserting  in  lieu  of  the  word 
"with,"  the  word  "and." 

Mr.  Deitz  moved  to  amend  the  same  section  by  striking  out  all  after  the 
won)  "law,"  in  the  the  third  line. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Farwell  moved  that  the  15t.h  section  be  amended  by  adding  thereto 
the  following: 

"Provided,  that  no  lawyer  shall  in  any  case  be  permitted  to  practice  in 
such  court." 

On  motion  of  Mr.  Constable, 

The  amendment  was  laid  on  the  table,  jjy^g' 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  F.  S.  Casey  Mr.  Eccles 

Allen  Zadok  Casey  Etimonsoa 

Anderson  Church  C.  Edwards 

Archer  Churchill  N.  W.  Edwards 

Atherton  Constable  Evey 

Blair  Grain  Graham 

Blakely  R.  J.  Cross  Geddes 

Bond  Dale  P.  Green 

Bosbyshell  D.  Davis  W.  B.  Green 

Brown  J.  M.  Davis  Gregg 

Butler  Dawson  Grimshaw 

Caldwell  Deitz  Harding 

J.  M.  Campbell  Dummer  Harlan 

Dunsmore  Harper 


August  14]      JOURNAL  OF  THE  CONVENTION. 


357 


Mr.  Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Henderson 
Hill 
Ho^ue 
Holmes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Jones 
Kenner 
A.  R.  Knapp 
Knox 
Kreider 
Lasater 
Laughlin 
Lemon 
Linley 
Lockwood 
Logan 


Mr.  McCallen 
McCully 
McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Nichols 
Northcott 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Bobbins 
Robinson 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Armstrong 
Brockman 
Carter 
Colby 


Mr.  S.  J.  Cross 
Farwell 
Frick 
Harvey 
Judd 


Mr.  Roman 
Rountree 
Servant 
Sharp  e 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Vance 
Webber 
West 
Williams 
Witt 

Whiteside 
Worcester. 


Mr.  Lander 
Mason 
Scates 
Shields 
Singleton/ 


Mr.  Adams  moved  the  previous  question. 

On  motion, 
The  convention  adjourned  to  three  o'clock.  P. 


THREE  O'CLOCK,  p.  M. 

The  convention  assembled  pursuant  to  adjournment 

On  motion  of  Mr.  Shields, 
A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  that   the 
following  members  were  absent,  viz: 

Messrs.   Archer,  Ballingali,  Bosbyshell,  Bunsen,  T.  Campbell,  Canady, 
Choate,  Colby,  Constable,  T.  G.  C.  Davis,  Dement,  Dunlap,  Dunn,  Far- 
well,  II.   R.  Green,  W.  B.  Green,  Gregg,  Hatch,  Hayes,  Heacock,  Hoes, 
Jones,  Judd,  Kenner, S.  Kinney,  W.  G.  Kinney,  Kitchell,  N.  M.  Knapp, 
Linley,  Logan,  Loudon,  Matheny,  Miller,  Northcott,  Norton,  Pace,  1L 
>.  Palmer,  Servant,  Sharpe,  Sherman,  Thompson,Tuttle,  Vernor,  Wead, 
Woodsori  and  Mr.  President. — 46* 
On  motion  of  Mr.  Mieure, 
Mr.  H.  D.  Palmer  was  excused  in  consequence  of  illness. 

On  motion  of  Mr.  Geddes, 
Mr.  H.  R.  Green  was  excused  in  consequence  of  illness. 


358 


JOURNAL  OF  THE  CONVENTION.         [August  14, 


On  motion  of  Mr.  Armstrong, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  pending  when  the  convention  adjourned,  was  on  order- 
ing the  main  question. 

The  question  was  taken  and  the  main  question  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  15th 
section,  as  amended, 


(Yeas 
And  decided  in  the  affirmative,    <M      * 

(i\ays, 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Allen 
Anderson 
Atherton 
Blair 
Butler 
Caldtvell 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Church 
Constable 
R.  J.  Cross 
S.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
Dawson 
Dummer 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
Nx.  W.  Edwards 
Evey 
Graham 


Mr.  Geddes 
P.  Green 
Grimshaw 
Harlan 
Hawley 
Hay 

Heacock 
Henderson 
Holmes 
Hunsaker 
Hurlbut 
Huston 
James 
Jones 
Knowlton 
Knox 
Lander 
Laughlin 
Lemon 
Lockwood 
Logan 
McCallen 
McCully 
McHatton 
Manly 
F.  S.  D.  Marshall 


79 

45 


Mr.  T.  A.  Marshall 
Mieure 
Minshall 
Moffett 
Morris 
Nichols 
Pace 
Peters 
Pinckney 
Pratt 
Rives' 
Robbins 
Roman 
Rountree 
Servant 
Shumway 
Simpson 
J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
West 
Williams 
Whites  ide 
Worcester. 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Archer 
Armstrong 
Blakely 
Bond 
Brockman 
Brown 
Churchill 
Grain 
Deitz 
Frick 
Harding 
Harper 
Harvev 
Hill    * 


Mr.  Hogue 
Jackson 
Jenkins 
Judd 

A.  R.  Knapp 
Kreider 
Lasater 
MeClure 
Markley 
Mason 
Moore 
Oliver 

J.  M.  Palmer 
Powers 
Robinron 


Mr.  Scates 
Shields 
Sibley 
Sim 

Singleton 
E.  O.  Smith 
Stadden 
Trower 
Turnbull 
Turner 
Tutt 
Vance 
Webber 
Witt 
Whitney. 


>usl  14.]       JOURNAL  OF  THE  CONVENTION. 


359 


On  motion  of  Mr.  E.  O.  Smith, 

The  sixteenth  section  was  amended  by  striking  out  the  words  "desig- 
tated  by  law,"  in  the  first  line,  and  by  inserting  in  lieu  thereof  the  words 
;to  be  chosen  in  the  same  manner  as  the  county  judge," 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative, 


60 


Those  voting  in  th«  affirmative,  are, 


Mr.  Adams 
Akin 
Archer 
Armstrong 
Blair 
Blakely 
Bond 
Brockman 
Brown 

J.  M.  Campbell 
Church 
Churchill 
Crain 

R.  J.  Cross 
S.  J.  Cross 
Dawson 
Dunsmore 
Fnek 
Grimshaw 
Harding 
Harper 
Harvey 
Hawley 


Mn  Hay 

Henderson 

Hill 

Hogu« 

Huston 

Jackson 

Jenkins 

Judd 

Kreider 

Lander 

Lasater 

Laughlim 

Lemon 

Linley 

McClute 

McHatton 

Markley 

T.  A.  Marshall 

Mason  . 

Mieure 

Moffett 

Moore 

Morris 


Those  who  voted  &  the  negative,  are, 


Mr.  Allen 
Andersen 
Atherton 
Butler 
Caldweli 
Carter 
F.  S.  Casey 
Z.  Casey 
Constable 
Dale 
D.  Davis 
J.  M.  Davis 
Deitz 
Dummer 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Graham 
Geddzs 


Mr.  P.  Green 
Harlan 
Hatch 
Heacoclc 
Holmes 
Hunsaker 
Hurlbut 
lames 
Jones 
Knowltoa 
Knox 
Lockwood 
Logan 
McCallen 
Me  Cully 
Manly 

F.  S.  D.  Marshall 
Matheny 
Minshall 
Nichols 


Mr.  Oliver 
Pace 
Powers 
'Rives 
RobinsoR 
Scales 
Sharpe 
Shields 
Shumway 
Sim 

Simpson 
Singleton 
E.  O.  Smith. 
Stadden 
Trower 
Turnbull 
Turner 
Tutt 
Vance 
West 
Williams 
Whitney. 


Mr.  Northcott 

H.  D.  Palmer 

J.  M.  Palmer 

Peters 

Pinckney 

Pratt 

Robbins 

Roman 

Rountree 

Servant 

Sibley 

J.  Smith 

Spencer 

Swan 

Thomas 

ThorntoR 

Webber 

Witt 

Whiteside 

Worcester, 


JOURNAL  OF  THE  CONVENTION.       [August 

On  motion  of  Mr.  Jones, 
The  same  section  was  amended  by  striking  out  the  words  "or   more,1! 
in  the  first  line/' 

The  question    was  taken,  by   yeas  and  nays,. 


And  decided  in  the  affirmative, 


Those  voting  in 

the  affirmative,  are, 

Mr.  Akin 

Mr.  Hatch 

Mr.  Morris 

Allen 

Havvley 

Nichols 

Anderson 

Henderson 

Northcott 

Archer 

Hill 

Oliver 

Blair 

Hogue 

Pace 

Blakely 

Holmes 

Powers 

Bond 

Huston 

Robinson 

Bosbyshell 

Jackson 

Scates 

Brown 

Jenkins 

Sharpe 

J.  M.  Campbell 

Jones 

Shields 

F.  8.  Casey 

Judd 

Sim 

Colby 

Knox 

Simpson 

Grain 

—       Ereider 

Singleton 

R.  J.  Cross 

Lander 

E.  O.  Smith 

Dawson 

Laughlin, 

Stadden 

Dunsmore 

Lemon 

Swan 

Edmonson 

Linley 

Turnbuli 

Frick 

Loudon 

Turner 

P.  Green 

McClure 

Tott 

Gregg 

McHatton 

Vance 

Grimshaw 

Markley 

Webber 

Harding 

F.  S.  D.  Marshall 

Whitney 

Harper 

Mason 

Worcester, 

Harvey 

Moore 

Those  voting  in 

the  negative,  are,. 

Mr.  Adams 

Mr.  Graham 

MivH.  D.  Palmer 

Armstrong 

Geddes 

J.  M.  Palmes 

Atherton 

Harlan 

Peters 

Brockman 

Hay 

Pinckney 

Butler 

Heacock 

Pratt 

Carter 

Hunsakes 

Eives 

Z.  Casey 

Hurlbut 

Bobbins 

Church 

James 

Eoman 

Churchill 

Knovvltor* 

Rountree 

Constable 

Lasater 

Servant 

S.  J.  Cross 

Lockwood 

Shumway 

Dale 

Logan 

Sibley    ' 

D.  Davis 

McCallen 

Spencer 

J.  M.  Davis 

McCully 

Thomas 

T.  G,  C.  Davis 

Manly 

Thornton 

Deitz 

T.  A.  Marshall 

Trower 

Dummer 

Mieure 

Williams 

C.  Edwards 

Miller 

Witt 

N.  W.  Edwards 

MinshalJ 

Whitesfde. 

Evey 

Moffett 

71 
59 


Mr.  Singleton  moved  to  amend  the  16th  section,  as  amended,  by  sfrikinj 
out  the  words,  "with  two  justices  of  the  peace,  to  be  chosen  in  the  sam< 
manner  as  the  county  judge,"  and  to  add  to  the  word  "judge,"  the  lett< 


August  14.]      JOURNAL  OF  THE  CONVENTION. 


361 


"s,"  and  also  to  add  immediately  thereafter  the  words  "consisting  of  the 
justices  of  the  peace/' 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  N.  W.  Edwards  moved  to  amend  the  same  section  by  inserting  be- 
fore the  word  "shall,"  in  the  first  line,  the  words  "and  as  rriany  more 
justices  of  the  peace  as  may  be  designated  by  law." 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Brown  moved  to  amend  the  section  by  striking  out  the  proviso. 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative, 


<Yeas, 
{Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Blair 
Blakely 
Bond 
Brown 
Butler 
Caldwell 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Colby 
Constable 
D.  Davis 
Edmonson 
C.  Edwards 
Evey 
Frick 
Graham 
P.  Green 
Gregg- 
Grnnshaw 
Harding 
Harlan 
Harper 
Hatch 
Hawley 
Hay 

Heacock 
Henderson 
Hill 


Mr.  Hogue 
Holmes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Jones 
Judd 

A.  R.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Linley 
Loudon 
McCallen 
McCully 
McClure 
McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Miller 
Minshall 
Moffett 
Morris 
Nichols 
Northcott 


Those  voting  in  the  negative,  are. 


Mr.  Anderson 
Atherton 
Bosbyshell 
Brockman 
Churchill 
Grain 
Dale 
J.  M.  Davis 


Mr.  Deitz 
Dummer 
N.  W.  Edwards 
Geddes 
Harvey 
Lockwood 
Logan 


Mr.  Oliver 
Peters 
Pinckney 
Powers 
Pratt 
Rives 
Robbins 
Robinson 
Scates 
Servant 
Sharpe 
Shields 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Vance 
Wead 
Webber 
Williams 
Witt 

Whiteside 
Whitney 
Worcester. 


Mr.  Markley 
Mieure 
Moore 

J.  M.  Palmer 
Roman., 
Rountree 
Shumway. 


1C2 
22 


JOURNAL  OF  THE  CONVENTION.         [August  14 

On  motion  of  Mr.  Shields, 
The  previous  question  was  ordered. 

The  question  was  then  taken,  by  yeas  and  nays,  on  the  adoption  of  thi 
section,  as  amended, 

And  decided  in  the  affirmative,    <AT  c^' 

'    (i\ays,         


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Mr.  Hawley 

Archer 

Hay 

Armstrong 
Atherton 

Henderson 
Hogue 

Blair 

Holmes 

Bond 

Hunsaker 

Bosbyshell 

Huston 

Brown 

Jackson 

Caldwell 

James 

J.  M.  Campbell 

Jones 

Carter 

Judd 

F.  S.  Casey 

A.  R.  Knapp 

Z.  Casey 

Knox 

Constable 

Kreider 

Grain 

Lander 

R.  J.  Cross 

Laughlin 

Dale 

Lemon 

Dunsmore 

Linley 

Edmonson 

Lockwood 

C.  Edwards 

Loudon 

Evey 

Me  Cully 

Frick 

McClure 

P.  Green 

McHatton 

Grimshaw 

Manly 

Harding 
Harper 

Markley 
F.  S.  D.  Marshall 

Hatch 

T.  A.  Marshall 

Those  voting  in 

the  negative,  are, 

Mr.  Allen 

Mr.  Harlan 

Anderson 

Harvey 

Blakely 

Heacock 

Brockman 

Hill 

Butler 

Hurlbut 

Church 
Churchill 

Jenkinsj 
Knowlton 

Colby 

Lasater 

D.  Davis 

Logan 

J.  M.  Davis 

McCallen 

Deitz 

Mason 

Dummer 

Miller 

N.  W.  Edwards 

Moore 

Graham 

Oliver 

Geddes 

Pace 

Gregg 

J.  M.  Palmer 

Mr.  Mieure 
Minshall 
Moffett 
Morris 
ISTorthcott 
Powers 
Pratt 
Rives 
Rountree 
Servant 
Sharpe 
Shields 
Shumway 
Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Thomas 
Trower 
Tutt 
Vance 
Webber 
Williams 
Whitney 
Worcester. 


Mr.  Peters 
Pinckney 
Robbins 
Robinson 
Roman 
Scales 
Sibley 
Sim 

Singleton 
Swan 
Thornton 
Turnbull 
Turner 
Wead 
Witt 
Whiteside. 


Mr.  Wead  moved  a  reconsideration  of  the  last  vote  taken. 
The  rules  having  been  temporarily  suspended, 

On  motion  Mr.  Scates, 

Resolved,  That  a  select  committee  of  one  from  each  judicial  circuit  be 

appointed,  with  instructions  to  report  a  schedule,  providing  for  the   time 


August  10.]         JOURNAL  OF  THE  CONVENTION.  363 

c.nd  manner  of  submitting  the  constitution  to  be  voted  upon  by  the  people, 
and  also  such  provisions  asmay  be  necessary,  in  case  of  its  adoption,  for  or- 
ganizing and  adjusting  the  government  under  its  provisions." 

Ordered,   That   Messrs.    Scales,  Servant,   Manly,  Singleton,  Farwell, 
Thornton,  Stadden,  Deitz,  and  Bosbyshell,  be  that  committee. 

The  question  was  taken  on  the  motion  to  reconsider  made  by  Mr.  Wead, 
and  decided  in  the  negative. 
On  motion, 

The  convention  adjqurned  until  Monday. 


MONDAY,  AUGUST  16,  1847. 


Convention  met  pursuant  to  adjournment. 

The  journal  of  Saturday  was  read. 
On  motion  of  Mr.  Scale?, 

The  rules  were  temporarily  suspended,  and  he  offered  for  adoption  the 
following  resolution: 

Resolved,  That  thousand  copies  of  the  constitution  and  schedule, 

as  revised  and  amended,  be  printed  and  distributed,  according  to  popula- 
tion, to  the  several  counties  for  the  use  of  the  people. 

Mr.  Whiteside  moved  to  fill  the  blank  with  "twenty." 

Mr.  Robbins  moved  44  eighty." 

Mr.  Markley  moved  "fifty." 

The  question  was  taken  on  inserting  "  eighty,"  and  decided  in  the  neg- 
ative. 

^  The  question  was  taken  on  inserting  "  fifty,"  and  decided  in  the  affirma- 
tive. 

The  question  was  taken  on  the  adoption  of  the  resolution,  as  amended, 
ind  decided  in  the  affirmative. 
On  motion  of  Mr.  Pratt, 

Leave  of  absence  was  granted  to  Messrs.  Dement  and  S.  J.  Cross  Cor 
bur  days. 

On  motion  of  Mr.  Sherman, 

The  rules  were  temporarily  suspended,  when  he  reported  the  following 
w suitable  to  be  engrafted  into  the  new  constitution: 

ARTICLE  — . 

The  general  assembly  shall  provide  for,  and  there  shall  be  annually 
evied,  a  tax  of  not  less  than  three  mills  on  everyone  dollar's  worth  of 
>ersonal  and  real  property  within  this  state,  to  be  ascertained  by  valua- 
ion,  the  proceeds  of  which  shall  be  applied  to  the  payment  of  the  indebt- 
dnessof  the  state;  Provided,  said  tax  shall  be  levied  no  longer  than  is 
lecessary  to  discharge  the  principal  and  interest  due  and  to  become  due 
•n  the  present  state  debt. 

On  motion  of  Mr.  Armstrong, 

The  report  was  laid  on  the  table,  and  250  copies   ordered  to  be  printed 

r  the  use  of  the  convention. 


381 


JOURNAL  OF  THE  CONVENTION.        [August  U 


On  motion  of  Mr.  Constable, 

The  rules  were  temporarily  suspended  to  enable  him  to  offer  a  resell 
tion,  when  he  offered  the  following: 

Resolved,  That  a  committee  of  one  from  each  judicial   circuit   of  th 
state  be  appointed  to  prepare  an  address,  to  be  submitted  to  the  people 
this  state  in  connection  with  the  proposed  constitution. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  res< 
lution, 


And  decided  in  the  affirmative, 


(Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  W.  B.  Green 

Akin 

Harlan 

Allen 

Harper 

Anderson 

Harvey 

Archer 

Hawley 

Atherton 

Hay 

Bond 

Hayes 

Z.  Casey 

Henderson 

Church 

Hill 

Churchill 

Hurlbut 

Colby 

Jackson 

Constable 

Jones 

R.  J.  Cross 

A.  R.  Knapp 

Dale 

Knowlton 

D.  Davis 

Knox 

J.  M.  Davis 

Lander 

Deitz 

Lemon 

Dummer 

Loudon 

Dunsmore 

McCallen 

C.  Edwards 

McClure 

N.  W.  Edwards 

Manly 

Evey 

T.  A.  Marshall 

Frick 

Mason 

Grarram 

Matheny 

Geddes 

Mieure 

H.  R.  Green 

Miller 

P.  Green 

Minshall 

Those  voting  in  the 

negative,  are, 

•    Mr.  Armstrong 

Mr.  Hatch 

Ballingall 
Blair 

Heacock 
Hogue 

Blakely 

Holmes 

Bosbyshell 

Hunsaker 

Broekman 

Huston 

Butler 

James 

Caldwell 

Judd 

J.  M.  Campbell 

Kreider 

T.  Campbell 

Lasater 

Carter 

Laughlin 

F.  S.  Casey 

Linley 

Choate 

McCully 

Crain 

McHatton 

T.  G.  C.  Davis 

Markley 

Farwell 

Moffett 

Grimshaw 

Moore 

Harding 

Morris 

80 
55 


Mr.  Northcott 

H.  D.  Palmer 

J.  M.  Palmer 

Peters 

Pinckney 

Pratt 

Rives 

Scates 

Servant 

Sherman 

Sibley 

Sim 

Spencer 

Stadden 

Swan 

Thompson 

Thornton 

Trower 

Turnbull 

Vance 

Webber 

West 

Witt 

Whiteside 

Woodson 

Worcester. 


Mr.  Nichols 
Oliver 
Pace 
Powers 
Robbins 
Robinson 
Roman 
Rountree 
Sharpe 
Shurnway 
Simpson 
Singleton 
E.  O.  Smith 
J.  Smith 
Tutt 
Wead 
Whitney 
Mr.  President. 


l-tgust  16.]       JOURNAL  OF  THE  CONVENTION.  365 

Ordered,  That  Messrs.  Constable.  T.  G.  C.  Davis,  Dale,  T.  Campbell, 
r.  S.  D.  Marshal],  Wead,  Dawson,  Knowlton,  and  Ballingall  be  that  com- 
littee. 

Mr.  Wead,  on  leave,  presented  the  petition  of  John  P.  Boice,  and  tvven- 
y-ninc  others,  citizens  of  Fulton  county,  praying  that  an  article  may  be 
oserted  in  the  new  constitution  prohibiting  the  creation  of  banks  and  the 
irculation  of  bank  paper. 

On  motion  of  Mr.  Wead, 
,  The  petition  was  referred  to  a  select  committee  of  nine. 

Ordered,  That  Messrs.  Wead,  Bosbyshell,  Z.  Casey,  Williams,  J.  Smith, 
sltadden,  T.  Campbell,  J.  M.  Davis,  and  R.  J.  Cross  be  that  committee. 

The  convention  resumed  the  consideration  of  the  report  o£  the  select 
lommittee  of  twenty-seven   on  the  Judiciary  Department. 
I  Mr.  Constable  offered  the  following,  to  be  prefixed  to  the  17th  section: 
'-The  county  judge,  with  such  justicee  of  the  peace  in   each  county  as 
ay  be  designated  by  law,  shall  hold  terms  for  the  transaction   of  county 
jsiness,  and  shall  perform  such  other  duties  as  the  general  assembly  shall 
rescribe;  Provided,  the  legislature  may  require   that  two  justices,  to  be 
losen  by  the  qualified  electors  of  each  county,  shall  sit  with  the  county 
dge  in  all  cases;  and." 

Mr.  Witt  moved  to  substitute  the  following  for  the  amendment: 
"Provided,  That  the  legislature  may  provide  by  law  for  the  organiza- 
on  of  a  different  court  for  the  purpose  of  transacting  county  business." 
Mr.  Akin  moved  to  lay  the  amendment  and  substitute  on  the  table. 
Mr.  llountree  called  fora  division,  so  as  to  vote  first  on  laying  the  sub- 
itute  on  the  table. 

The  question  was  taken,  and  the  substitute  was  laid  on  the  table. 
Mr.  Akin  withdrew  the  motion  to  lay  the  amendment  on  the  table,  and 
iOved  the  previous  question. 

The  question  was  taken,  and  the  previous  question  ordered. 
Mr.  Constable  modified  his  amendment  by  substituting  for  the  word 
biennially,"  the  word  "quadrennially,"  in  the  "first  line  of  the  17th  see- 
on. 

The  question  was  taken,  by  yeas  and  nays,  upon  the   adoption  of  the 
mendment,  as  modified, 


And    decided  in  the  affirmative,       fs' 

Those  voting  in  the  affirmative,  are, 

fr.  Adams  Mr.  Constable                            Mr.  C.  Edwards 

Allen  R.  J.  Cross  N.  W.   Edwards 

Anderson  Dale  Evey 

Atherton  D.  Davis  Graham 

Bosbyshell  J.  M.  Davis  Gedtles 

Brown  T.  G.  C.  Davis  H.  R.  Green 

Butler  Dawson  P.  Green 

Caldwell  Deitz  W.  B.  Green 

F.  S.  Casey  Duramer  Harlan 

Z.  Casey  Dunsmore  Hay 

Church  Eccles  Heacock 


366 


JOURNAL  OF  THE  CONVENTION.        [August  16, 


Mr.  Hill 
Hogue 
Hunsaker 
Hurlbut 
Huston 
James 
Jones 

A.  R.  Knapp 
Knowlton 
Lander 
Lasater 
Logan 
Loudon 
McCallen 
McCully 
McHatton 


Mr%F.  S.  D.  Marshall 
'Matheny 
Mieure 
Miller 
Minshall 
Moffett 
Nichols 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 


Those  voting  in  the  negative,  are 


Mr.  Akin 
Archer 
Armstrong 
Ballingall 
Blair 
Blakely 
Bond 
Brockman 
J.  M.  Campbell 
Carter 
Choate 
Churchill 
Colby 
Grain 
Farwell 
Frick 
Grimshaw 
Harding 
Harper 
Harvey 


Mr.  Hatch 
Hawley 
Hayes 
Henderson 
Hoes 
Jackson 
Jenkins 
Judd 

S.  Kinney 
Knox 
Kreider 
Laughlin 
Lemon 
Linley 
McClure 
Manly 
Markley    . 
Mason 
Moore 
Morris 


Mr.  Rountree 
Servant 
Sharpe 
Shumway 
Sibley    ' 
J.  Smith 
Spencer 
Swan 
Thornton 
Webber 
Williams 
Whiteside 
Whitney 
Woodson 
Mr.  President. 


Mr.  Northcott 
Oliver 
Powers 
Robinson 
Scates 
Shields 
Sim 

Simpson 
Singleton 
Stadden 
Thompson 
Turnbull 
Turner 
Tutt 
Vance 
Wead 
West 
Witt 
Worcester. 


The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  sec 
tion,  as  amended, 


And  decided  in  the  affirmative, 


(Yeas, 

(  Nays, 


79 
55 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Allen 
Anderson 
Atherton 
Bosbyshell 
Butler 
Caldwell 
F.  S.  Casey 
Z.  Casey 
Choate  ' 
Church 
Churchill 
Colby 
Constable 


Mr.  R.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawspn 
Deitz 
Dummer 
Dunsmore 
Eccles 

N.  W.  Edwards 
C.  Edwards 
Evey 
Graham 


Mr.  Geddes 

H.  R.  Green 

P.  Green 

W.  B.  Green 

Harlan 

Hay 

Heacock 

Hill 

Hogue 

Hunsaker 

Hurlbut 

James 

Jones 

S.  Kinney 


August  16.]        JOURNAL  OF  THE  CONVENTION. 


3G7 


Mr.  A.  R.  Knapp 
Knowlton 
Lemon 
Logan 
McCallen 
McCully 
McHatton 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Matheny 
Mieure 
Miller 
Minshall 


Mr.  Moffett 
Nichols 
H.  D.  Palmer 
J.  M.  Palmer 
Peters   N 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Servant 


Those  voting  in  the  negative,  are. 


fr.  Akin 

Armstrong 

Ballingall 

Blair  ' 

Blakelyj 

Brock  man 

Brown 

J.  M.  Campbell 

Carter 

Grain 

Farwell 

Frick 

Grimshaw 

Harding 

Harper 

Harvey 

Hatch 

Hawley 

Hayes 


Mr.  Henderson 
Hoes 
Holmes 
Huston 
Jackson 
Jenkins 
Judd 
Knox 
Kreider 
Lasater 
Laughlin 
Linley 
Manly 
Markley 
Mason 
Moore 
Morris 
Northcott 


Mr.  Shu m way 
Sibley 
Simpson 
Spencer 
Swan 
Thornton 
Webber 
Williams 
Whiteside 
Whitney 
Woodson 
Mr.  President; 


Mr.  Oliver 
Pace 
Powers 
Robinson 
Scates 
Shields 
Sim 

Singleton 
E.  O.  Smith 
Stadden 
Thompson 
Turner 
Tutt 
Vance 
Wead 
West 
Witt 
Worcester. 


Mr.  Armstrong  moved  the  following  as  an  additional  section,  to  follow 
fiction  17: 

"SEC.  — .  The  general  assembly  shall  have  power  to  re-organize  the 
ounty  court,  provided  for  in  this  article,  and  vest  its  jurisdiction  in  one 
r  more  tribunals,  to  consist  of  such  officer  or  officers  as  shall  be  provided 
j  law.*' 

Mr.  West  moved  the  following  as  a  substitute: 

"  That  in  all  cases  where  the  population  in  a  county,  according  to  the 
ensus  of  the  county  as  last  taken,  shall   exceed  10,C00  inhabitant?,  the 
ffice  of  recorder  shall  be  a  separate  and  distinct  office.", 
On  motion, 

The  convention  adjourned  until  2  o'clock,  p.  M. 


TWO  O'CLOCK,  p.  M. 


The  convention  assembled  pursuant  to  adjournment. 

On  motion  of  Mr.  J.  M.  Campbell, 
A  call  of  the  convention  was  ordered. 
The  call  was  proceeded  in  for  some  time,  when  it  appeared  that  the  fol- 

gentlemen  were  absent,  viz: 


368 


JOURNAL  OF  THE  CONVENTION.      August  16. 


Messrs.  Ballingall,  Bosbyshell,  Brown,  Bunsen,  Canady,  Grain,  S.  J. 
Cross,  T.  G.  C.  Davis,  Dement,  Dunlap,  Dunn,  Kdmonson,  Farwell,Ged- 
des,  Gregg,  Harding,  Harvey,  Hawlcy,  Jackson,  Judd,  W.  C.  Kinney, 
Kitchell,  A.  R.  Knapp,  N.  M.  Knapp,  Knowlton,  Linley,  Lockvvood,  Lo- 
gan, Mason,  Matheny,  Northcott,  Norton,  Oliver,  Peter?,  Pinckney,  Pratt, 
Servant,  Sherman,  J.  Smith.  Thomas,  Thompson,  Thornton,  Turner,  Tutt, 
Tuttle,  and  Vance — 46. 

On  motion  of  Mr.  Armstrong, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  question  pending  when  the  convention  adjourned  this  morning, 
was  on  the  substitute  olFered  by  Mr.  West  for  the  additional  section  of- 
fered by  Mr.  Armstrong. 

On  motion  of  Mr.  Shields, 

The  main  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  substitute  for  the 
additional  section, 


And  decided  in  the  negative, 


45 
94 


Those  voting  in  the  affirmative,  arc, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Atherton 
Butler 
Church 
R.  J.  Cross 
J.  M.  Davis 
Deitz 
Dummer 
C.  Edwards 
Evey 

W.  B.  Green 
Heacock 
Hurl  but 


Mr.  Huston 
Jackson 
Jones 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
Knowlton 
Linley 
Logan 
Loudon 
Me  Cully 
Markley 

F.  S.  D.  Marshall 
Miller 


Those  voting  in  the  negative,  are, 


Mr.  Archer 
Armstrong 
Ballingall 
Blair 
Blakely 
Bond 

Bosbyshell 
Brock  man 
Brown 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Churchill 


Mr.  Colby 
Grain 
Dale 
D.  Davis 
Dawson 
Dunsmore 
Eccles 

N.   W.  Edwards 
Farwell 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Grimshaw 
Harding 
Harlan 


Mr.  Minshall 
Moffett 
Moore 
Nichols 
J.  M.  Palmer 
Pinckney 
Robinson 
Roman 
Rountree 
Sharpe 
Sibley 
Swan 
West 
Williams 
Whitney. 


Mr.  Harper 
Harvey 
Hatch 
Hayes 
Henderson 
Hill 
Hogue 
Holmes 
Hunsaker 
James 
Jenkins 
Knox 
Kreider 
Lander 
Lasater 
Laugh  1  in 
Lemon 


ugust  16.]      JOURNAL  OF  THE  CONVENTION. 


369 


r.  Lin  ley 
McCalkn 
McClure 
McHatton 
Manly 

T.  A.  Marshall 
.Mason 
Matheny 
Mieure 
Morris 
Northcott 
Oliver 
Pace 

H.  D.  Palmer 
Peters 


Mr.  Powers 
Pratt 
Rives 
Robbins 
Scales 
Shields 
Shumway 
Sim 

Simpson 
Singleton 
K  O.  Smith 
J.  Smith 
Spencer 
Stadden 


Mr.  Thornton 
Trower 
Turnbull 
Turner 
Tutt 


, 

Vernorv 
Wead  ' 
Webber 
Witt 

Whiteside 
Woodson 
Worcester 
Mr.  President 


The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
ditional  section  offered  by  Mr.  Armstrong, 


And  decided  in  the  negative, 


<  Yeas. 


64 

74 


Those  voting  in  the  affirmative,  are, 


,  Archer 
Armstrong 
BalliRgall 
Blair 
Blakely 
Bosbyshel! 
Brockman 
Brown 
Cal  dwell 
T.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Churchill 
Crait* 
Dawson 
Farwell 
Frick 
Graham 
W.  B.  Green 
Gregg 


Mr.  Grimshaw 
Harper 
Harvev 
Hatch* 
Hay 
Hayes 
Hendersoa 
Hill 
Holmes 
Jenkins 
Jones 
Kr  eider 
Lander 
Laughlia 
Loudon 
McCully 
McClure 
McHattoa 
Markley 
Mason 
Moore 


Mr.  Mom's 
Oliver 
Pace 

H.  D.  Palmer 
Peters 
Powers 
Robinson 
Scates 
Sharpe 
Shields 
Sim 

Simpson 
Singleton 
J.  Smith 
Stadden 
Turnbull 
Tutt 
Vernor 
Wead 
Witt 
Mr,  President. 


Those  voting  in  the  negative,  are, 


Adams 

Akin 

Allen 

Anderson 

Atherton 

Bond 

Butler 

J.  M.  Campbell 

Church 

Colby 

R.  J.  Cross 

Dale 

D.  Davis 

24 


Mr,  J.  M.  Davis 
Dumnaer 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Geddes 
H.  R.  Green 
P.  Green 
Harding 
Harlan 
Heacock 


Mr.  Hogue 

Hunsaker 

Hurlbut 

Huston 

Jackson 

James 

Judd 

Kenner 

S.  Kinney 

A.  R.  Knapp 

Knowlton 

Knox 

Lasator 


370 


JOURNAL  OF  THE  CONVENTION.       [August 


Mr.  Lemon 
Linley 
Logan 
Me  Caller* 
Manly 

F.  S.  D.  Marshall 
T.  A.   Marshall 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 


Mr.  Northcott 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Servant 
Shumway 
Sibley 

E   O.  Smith 
Speneep 


Mr.  Swan 
Thornton 
Trower 
Turner 
Vance 
Webber 
Williams 
Whiteside 
Whitney 
W  oodson 
Worcester. 


Mr.  Powers  offered  the  following  as  an  additional  section: 

"SEC.  — .  That  in  all  cases  where  the  population  in  a  county,  acco 
ing  tc  the  census  of  the  county  as  last  taken,  shall  exceed  112,000  inha 
tants,  U.e  office  of  recorder  may  be  a  separate  and  distinct  office." 

Mr.  II.  R.  Green  moved  to  amend  the  additional  section  by  striking 
the  figucs  4<  1 2,000,"  and  inserting  in  lieu  thereof  the  figures  "  8,000. 

A  division  being  called  for. 

The  question  was  taken,  by  yeas  and  nays,  on  striking  out  "  12,000, 


And  decided  in  the  affirmative, 
Those  voting  in  the  affirmative,  are, 


Mr.  Allen 

Armstrong; 

Ballingali 

Blair 

Blakely 

Bond 

Brockman 

Z.  Casey 

Choate 

Churchill 

Colby 

drain 

R.  J.  Cross 

Dale 

D.  Davis 

Dawson 

Deilz 

Eccles 

C.  Edwards 

Friclc 

Graham 

H.  R.  Green 

P.  Green 


Harlan 
Harper 
Hay 


Mr.  Hayes 
Heacock 
Henderson 
Hill 

.  Hogue 
Holmes 
Hurlbut 
Huston- 
Jackson 
Jenkins 
Jones 
Kenner 
S.  Kinney 
Knowlto  n- 
Kreider 
Lander 
Laughlin 
Linley 
Logan 
Loudon* 
McClure 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Anderson 
Archer 
Atherton 
Bosbyshell 


Mr.  Brown 
Butler 
Caldwell 
J.  M.  Campbell 
T.  Campbell 


Mr.  Miller 
Moore 
Oliver 

J.  M.  Pal  men 
Powers 
Robinson 
Roman 
Scates 
Sharpe 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Thornton 
Trower 
Tutt 
Yance 
Vernor 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester 
Mr.  President. 


Mr,  Carter 

F.  S.  Casey 

Church 

J.  M.  Davi* 

Dumiaer 


August  16.]       JOURNAL  OF  THE  CONVENTION. 


371 


Mr.  Dunsmore 

N.  W.  Edwards 

Evev 

Farwell 

Geddes 

W.  B.  Green 

Grimshaw 

Harding 

Harvey 

Hatch 

Hunsaker 

James 

Judd 

Knox 


Mr.  Lasater 
Lemon 
McCallen 
Me  Cully 
Me  Hat  ton 
Matheny 
Minshall 
Moffett 
Morris 
Northcott 
Pace 

H.  D.  Palmer 
Peters 
Pinckney 


Mr.  Pratt 
Rives 
Robbins 
Rountree 
Servant 
Shields 
Sh  urn  way 
J.  Smith 
Turnbull 
Turner 
Wead 
Webber 
West 
Williams. 


Mr.T.  A.  Marshall  moved  to  fill  the  blank  with  15,000. 
Mr.  Witt  moved  10,000. 
Mr.  McCallen  moved  9,999. 
Mr.  Vance  moved  9,000. 
Mr.  Sp'encer  moved  5,000. 
Mr.  Brockman  moved  3000. 
Mr.  E.  O.  Smith  moved  1,000, 

Mr.  Eccles  moved  to  lav  the  additional  section  and  amendments  on  the 
table. 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 


Those  voting  in  the  affirmative,  are, 


43 

89 


Mr.  Akin 
Archer 
Brown 
Caldwell 
Carter 
Z.  Casey 
Dumraer 
Eccles 

N.  W.  Edwards 
Geddes 
H.  R.  Green 
P.  Green 
Harding 
Harlan 
Harper 


Mr.  Hunsaker 
Jackson 
James 
Lasater 
Lemon 
Logan 
Manly 
Matheny 
Mieure 
Minshall 
Morris 
Northcott 
H.  D.  Palmer 
Peters 


Those  voting  in  the  negative,  are, 


Vfr.  Allen 
Anderson 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bond 

Bosbyshell 
Brockman 
Butler 


Mr.T.  Campbell 
F.  S.  Casey 
Choate 
Church 
Churchill 
Colby 
Grain 

R.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 


Mr,  Pratt 
Rives 
Robbins 
Roman 
Rountree 
Servant 
Singleton 
J.  Smith 
Thompson 
Thornton 
Turnbull 
Vance 
Webber 
Woodson. 


Mr.  Dawsort 
Deitz 
Dunsmore 
C.  Edwards 
Frick 
Graham 
W.  B.  Green 
Gregg 
Grimshaw 
Harvey 
Hatch 


372                    JOURNAL  OF  THE  CONVENTION.       [August  16, 

Mr,  Hay  Mr.  Laughlin  Mr.  Sibley 

Hayes  Linley  Sim 

Heacock  Loudon  Simpson 

Henderson  McCallen  E.  O.  Smith 

Hill  McCully  Spencer 

Hogue  McClure  Stadden 

Holmes  McHatton  Trower 

Hurlbut  Markley  Turner 

^Huston  Miller  Tutt 

Jenkins,  Moffett  Vernor 

Jonea  Moore  Wead 

Judd  Nichols  West 

Kenner  J.  M.  Palmer  Williams 

S.  Kinney  Pickney  Witt 

A.  R.  Knapp  Powers  Whiteside 

Knowlton  Robinson  Whitney 

Knox  Scates  Worcester 

Kreider  Sharpe  Mr.  President. 

Lander  Shields 

The  question  was  taken  on  inserting  15,000,  and  decided  in  the  nega 
live. 

The  question  was  taken  on  inserting  10,000,  and  decided  in  the  nega- 
tive. 

The  question  was  taken  on  inserting  9,999,  and   decided  in  the  nega- 

tive; 

On  motion  of  Mr.  F.  S.  D.  Marshall, 

The  main  question  was  ordered. 

The  question  was  taken  on  inserting  9,000,  and  decided  in  the  nega- 
tive 

The  question  was  taken  on  inserting  8,000,  and  decided  in  the  nega- 
tive. 

The  question  was  taken,  by  yeas  and  nays,  on  inserting  5,000, 

(  Yeas,  .         .                            61 
And  decided  in  the  negative,  j  j\jay?                                                   79 

Those  voting  in  the  affirmative,  are, 

Mr.  Allen  Mr.  Harvey  Mr.  Miller 

Armstrong  Hatch  Moffett 

Ballingall  Hay  Moore 

Blair  Hayes  Nichols 

Brockman  Henderson  Oliver 

Butler  Hill  Pinckney 

J.  M.  Campbell  Hogue  Powers 

T.  Campbell  Huston  Robinson 

Carter  Jackson  Sharpe 

Z.  Casey  Jones  Shields 

Churchill  Knowlton  Sibley 

Colby  Laughlin  Simpson 

Crain  Lemon  J.  Smith 

T.  G.  C.  Davis  Linley  Spencer 

Deitz  Loudon  Stadden 

Dunsmore  McClure  Vance 

Frick  McHatton  Vernor 

Graham  Markley  Witt 

W.  B.  Green  F.  S.  D.  Marshall  Whitney 

Gregg  Mason  Mr.  President. 
Harper 


August  16.]         JOURNAL  OF  THE  CONVENTION. 


373 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Anderson 
Archer 
Atherton 
Blakely 
Bond 

Bosbyshell 
Brown 
Caldwell 
F.  S.  Casey 
Choate 
Church 
Constable 
R.  J.  Cross 
Dale 

D.  Davis 
J,  M.  Davis 
Dawson 
Dummer 
Eccles 

N.  W.  Edwards 
C.  Edwards 
Evey 
Geddes 
H.  R.  Green 
P.  Green 


Mr.  Grimshaw 
Harding 
Harlan 
Hawley 
Hunsaker 
Hurlbut 
James 
Jenkins 
Kenner 
S.  Kinney 
A.  R.  Knapp 
Kr.ox 
Kreider 
Lander 
Lasater 
Logan 
McCallen 
McCully 
Manly 

T.  A.  Marshal! 
Matheny 
Mieure 
Minshall 
Morris 
Northcott 
Pace 


Mr.  H.  D.  Palmer 
J,  M.  Palmer 
Peters 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Scates 
Servant 
Sim 

E.  O.  Smith 
Swan 
Thompson 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Wead 
Webber 
West 
Williams 
Whiteside 
Woodson 
Worcester. 


The  question  was  taken  on  inserting  3,000,  and  decided  in  the  nega- 

£1  *rrk 


;ive. 


Mr.  Marldey  moved  to  reconsider  the  vote  ordering  the  main  question. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was   taken,    by  yeas  and  nays,  on  inserting  1,000, 


And  decided  in  the  negative, 


<YeaR, 
(Nays, 


45 
90 


Those  voting  in  the  affirmative,  are, 


Allen 

Armstrong 

JBallingall 

Blakely 

J.  M.  Campbell 

T.  Campbell 

Carter 

Churchill 

Colby 

Grain 

Far  well 

Frick 

Graham 

W.  B.  Green 

Harper 


Mr.JHarvey 
Hay 
Hayes 
Henderson 
Hogue 
Holmes 
Huston 
Jenkins 
Kenner 
Knowlton 
Knox 
Laughlin 
Linley 
Loud on 
McClure 


Mr.  McHatton 
Mark  ley 
Mason 
Miller 
Moore 
Nichols 
Oliver 
Powers 
Robinson 
Sim 

Simpson 
E.  O.  Smith 
Vernor 
Witt 
Mr.  President 


374 


JOURNAL  OF  THfc  CONVENTION.        [August  1G. 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Anderson 
Archer 
Blair 
Bond 

Bosbyshell 
Brockman 
Brown 
Caldwell 
F.  S.  Casey 
Z.  Casey 
Choate 
Church 
Constable 
R.  J.  Cross 
Hale 

D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dummer 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.   Edwards 
Evey 
Geddes 
H.  R.  Green 
P.  Green 
Gregg 


Mr.  Grimshaw 
Harding 
Harlan 
Hatch 
Hawley 
Heacock 
Hill 

Hunsaker 
Hurl  but 
Jackson 
James 
Jones 
S.  Kinney 
A.  R.  Knapp 
Kreider 
Lander 
Lasater 
Lemon 
Logan 
McCailen 
McCully 
Manly 

F.  S/D.  Marshall 
T.  A.  Marshall 
Matlieny 
Mieure 
Minshall 
Moffett 
Morris 
Northcott 


Mr.  Pace 

H.  D.  Palmer 

J.  M.  Palmer 

Peters 

Pinckney 

Rives 

Robbins 

Roman 

Rountree 

Scates 

Servant 

Shields 

Sibley 

Spencer 

Stadden 

Swan 

Thompson 

Thornton 

Trower 

Turnbull 

Turner 

Vance 

Wead 

Webber 

West 

Williams 

Whiteside 

Whitney 

Wood  son 

Worcester. 


The  question  was  taken  on  the  adoption  of  the  additional  section,  as 
amended,  and  decided  in  the  negative. 

Mr.  Logan  moved  the  following  as  an  additional  sectiDn: 

"SEC.  — .  The  legislature  may  by  law  make  the  clerk  of  the  circuit 
court  ex  qfficio  recorder  in  lieu  of  the  county  clerk." 

Mr.  Armstrong  moved  to  amend  the  additional  section  by  adding  the 
following  proviso: 

"Provided,  That  in  any  county  where  the  inhabitants  shall  exceed 
4,000,  the  office  of  recorder  shall  be  elected  by  the  qualified  voters  of 
said  county." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
proviso, 


And    decided  in  the  negative, 


Yeas, 


50 

85 


Tho.se  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Atherton 
Ballingall 
Blakely 


Mr 


Brockman 

J.  M.  Campbell 

T.  Campbell 

Carter 

Choate 

Churchill 

Colby 


Mr.  Crain 

Dunsmore 

Farwell 

Frick 

W.  B.  Green 

Harper 

Harvey 


6.J        JOURNAL  OF  THE  CONVENTION. 


375 


fr.  Hatch 
Hay 
Hill 
Hogue 
Huston 
Jackson 
Jenkins 
Judd 
Laughlia 
Linley 


Mr.  McHatton 
Markley 
Miller 
Moore 
Nichols 
Oliver 

J.  M.  Palmer 
Powers 
Robinson 
Sharps 


Mr.  Shields 
Sim 

Simpson 
Thompson 
Tutt 
Verner 
Witt 

Whiteside 
Mr.  President, 


se  voting  in  tire  negative,  are, 


fr.  Adams 
Anderson 
Blair 
Bond 

Bosby  shell 
Brown 
Butler 
F.  S.  Casey 
X.  Casey 
Church 
Constable 
R.  J.  Cross 
Dale 
D.  Davis 
J.  M.   Davis 
Dawson 
Deitz 
Dummer 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Gregg 


Mr.'Grimshaw 
Harding 
Harlan 
Hawley 
Hayes 
Heacock 
Hendersoa 
Holmes 
Hunsaker 
Hurlbut 
James 
Kenner 
S.  Kinhey 
A.  R.  Knapp 
Knowlton 
Knox 
Kreidec 
Lander 
Lasater 
Lemon 
Logan 
McCalleii 
McCully 
McClure 
0  Manly 

F.  S.  D.   Marshall 
T.  A.  Marshall 


Mr-  Matheny 
Mieure 
Minshall 
Moffett 
Morris 
Northcott 
Pace 

H.  D.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Ilobbins 
Roman 
Rountree 
Scales 
Servant 
Sibley 
Spencer 
Swan 
Thornton 
Trower 
Turnbull 
Turner 
Vance 
\Villiams 
Woodson. 


?--Tlie  question   was   taken,    by  yeas  and   nays,   on  the  adoption  of  the 
idditional  section  offered  by  Mr.  Logan, 


And  decided  in  the  affirmative, 


(Yeas, 
(Nays, 


Those  voting  in  the  affirmative,  are, 


Adams 

Allen 

Blair 

Bond 

Brockman 

Brown 

J.  M.  Campbell 

Z.  Casey 

Choate 

Dale 

D.  Davis 

Dawson 


Mr.  Deitz 
Dummer 
Eccles 
C.  Edwards 
Evey 
Geddes 
H.  R.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hatch 


Mr,  Hay 
Hayes 
Heacock 
Henderson 
Hill 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
Jenkins 
J«d<i 


77 
55 


376  JOURNAL  OF  THE  CONTENTION.       [August  1< 

Mr.  Kenner  Mr.  Mieure  Mr.  Simpson 

S.  Kinney  Miller  E.  O.  Smith 

Knowlton-  Minshall  Spencer 

Knox  Worth  cott  Swan 

Kreider  H.  D.  Palmer  Thompson 

Lander  Peters  Thornton 

Lemon  Pinckney  Turnbuli 

Lopan  Pratt  Turner 

McClure  Rives  Tutt 

McHatton  Robbing  Vanee 

Manly  Roman  Whitney 

Markley     '  Shields  Woodson 

F.  S.  D.  Marshall  Sibley  Mr.  President 

T.  A.  Marshall  Sim 

Those  voting  in  the  negative,  arey 

Mr.  Akin  Mr.  Frick  Mr,  Moore 

Anderson  Graham  Morris 

Armstrong  P.  Green  Nichols 

Atherton  W.  B.  Green  Oliver 

Ballingatl  Gfegg  Pace 

Blakely  Harvey  J.  M.  Palmer 

Butler  Hawley  Powers 

Carter  Huston  Robinson 

F.  S.  Casey  James  Rountree 

Church  A.  R.  Knapp  Scates 

Churchill  Lasater  Servant 

Constable  Laughlin  Sharpe 

Crain  Loudon  Singleton 

R.  J,  Cross  McCallen  Trower 

J.  M.  Davis  McCully  Vernor 

Dunsmore  Mason  Witt 

N.  W.  Edwards  Matheny  Whiteside, 

Far  well  Moffett 

Mr.  Dawson  proposed  the  following  as  an  additional  section: 

"SEC.  —  .  The  clerks  of  the  several  county  courts  within  this  sta 
shall  perform  all  ministerial  duties  appertaining  to  settlements  of  estate 
which  shall  be  laid  before  their  respective  courts,  at  term  time,  for  the 
approval  or'rejection;  and  said  judge  and  associates  shall  each  be  allowe 
as  a  compensation  for  their  services,  two  dollars  per  day,  and  no  more, 
be  paid  out  of  their  respective  county  treasuries." 

Mr.  Scales  offered  the  following  as  a  substitute: 

"SEC.  —  -.  The  legislature  shall  fix  a  fee  bill  for  the  several  officers 
this  state,  whose  compensation  shall  consist  of  fees  for  services  rendere 
and  the  several  county  courts  shall  have  power  to  reduce  the  rate  of  fe 
accruing  to  any  officer  in  the  county,  by  a  certain  per  cent.,  when,  in  the 
opinion,  such  fees  yield  more  than  adequate  pay  for  the  services  rende 
ed." 

The  question   was   taken,  by  yeas  and  nays,  on  the  adoption  of  tl 
substitute, 


And  decided  in  the  negative,          jfo1  80 


, 


ugust  16.]        JOURNAL  OF  THE  CONVENTION. 


377 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Armstrong 
Ballingall 
Blair 
Blakely 
Bond 
Brown 
Butler 
Carter 
Z.  Casey 
Choate 
Church 
Churchill 
Grain 
Dale 


Mr.  Deitz 
Rccles 
Frick 
Harding 
Hay 

Henderson 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
James 
Judd 
Kreider 
McCully 
Markley 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Archer 
Atherton 
Brockman 
Caldwell 
J.  M.  Campbell 
F.  S.  Casey 
Constable 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
Dawson 
Dummer 
Dunsmore 
C.  Edwards 
N.  W.  Edwards 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Gre-g 
Grimshaw 
Harlan 
Harper 


Mr.  Harvev 
Hatch* 
Hawley 
Hayes 
Heacock 
Hill 
Huston 
Jackson 
Jones 
Kenner 
S.  Kinney 
A.  R.  Knapp 
Knox 
Lander 
Lasater 
Laughlin 
Lemon 
Loudon 
McCallen 
McClure 
McHatton 
Manly 

F.  S.-D.  Marshall 
T.  A.  Marshall 
Matheny 
Mieure 
Miller 


Mr.  Mason 
Moffett 
Moore 
Morris 
Nichols 
Oliver 
Roman 
Scates 
Shields 
Sibley 
Sim 

Turnbull 
Vernor 
Witt 
Whitney. 


Mr.  Minshall 
Pace 

H,  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Robinson 
Rountree 
Servant 
Sharpe 
Simpson 
Spencer 
Swan 
Thornton 
Trower 
Turner 
Tutt 
Vance 
Wead 
West 
Williams 
Whiteside 
Woodson 
Mr.  President. 


The   question    was  taken,  by  yeas  and  nays,   on  the  adoption    o 
additional  section, 


f  the 


And  decided  in  the  negative, 


14 

104 


Those  voting  in  the  affirmative,  are, 


Mr.  Anderson 
Churchill 
Dawson 

N.  W.  Edwards 
Harvey 


Mr.  Hay 
Huston 
Knowlton 
Mason 
Powers 


Mr.  Robinson 
Roman 
Sim 
Trower. 


378  JOURNAL  OF  THE  CONVENTION.       [August  10. 

Those  voting  in  the  negative,  are. 


Mr.  Adams 
Akin 
Allen 
Archer 
Armstrong 
Ballirigall 
Blakely 
Bond 

Bosbyshell 
Brockman 
Brown 
Butler 
Caldwell 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Church 
Constable 
Grain 

R.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
Dummer 
Dunsmore 
Eccles 
C.  Edwards 
Evey 
Frick 
Graham 
Geddea 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Gregg 


Mr.  Grimshaw 
Harding 
Harlan 
Harper 
Hatch 
Hawley 
Hayes 
Henderson 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
Jackson 
James 
Jones 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Krapp 
Kriox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Loudon 
McCallen 
McCully 
McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 


Mr.  Miller' 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Rountree 
Scates 
Servant 
Sharpe 
Shields 
Simpson 
Spencer 
Swan 
Thornton 
Turnbull 
Turner 
Tutt 
Vance 
Vernor 
Wead 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 


Mr.  Hurlbat  offered  the  following  as  an  additional  section: 

"SEC.  — .  The  legislature  may  pass  a  general  law  authorizing  township 
organization  in  all  counties  in  which  a  majority  of  the  legal  voters  may, 
at  any  general  election,  vote  for  such  township  organization,  and  when 
such  township  organization  shall  be  established  in  any  county,  then  the 
county  court  hereinbefore  provided  shall  cease  to  transact  county  busi- 
ness in  such  county." 

The  question  was  taken,  and  the  additional  section  adopted. 

Mr.  Markley  moved  to  strike  out  the  18th  section,  and  to  insert  in  lieu 
thereof  the  following: 

"SEC,  — .  The  county  judge  shall  receive  an  annual  salary,  to  be  fix- 
ed by  the  legislature,  which  shall  be  paid  out  of  the  county  treasury,  and 
shall  neither  be  increased  nor  diminished  during  his  continuance  in  office. 
The  justices  of  the  peace,  for  services  in  courts  as  provided  in  this  article, 
shall  be  paid  a  per  diern  out  of  the  county  treasury." 

Mr.  Knowlton  called  fora  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Markley  then  offered  the  same  amendment  as  an  addition  to  the 
same  section. 


* 


ugust  17.]      JOURNAL  OF  THE  CONVENTION.  379 

The  question  was  taken,  and  decided  in  the  negative. 
The  question  was  taken,  and  the  18th  section  adopted. 
Mr.  R.  J.  Cross  moved  to  amend    the  19th  section  by  striking  out  the 
words  "  not  exceeding  one  hundred  dollars." 

On  motion, 
The  convention  adjourned. 

TUESDAY,   AUGUST  17,  1847.      ^ 

|  UN 

Convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  H.  D.  Palmer,  a  member. 

TLe  journal  of  yesterday  was  read. 

Mr.  N.  W.Edwards  presented  the  petition  of  Daniel  Wadsworth,  and 
nine  others,  citizens  of  Sangamon  county,  praying  that  provision  may  be 
made  in  the  new  constitution  for  a  state  superintendent  of  public  instruc- 
tion, with  a  liberal  salary. 

On  motion  of  Mr.  N.  W.  Edwards, 

The  reading  was  dispensed  with,  and  the  petition  referred  to  the  com- 
mittee on  Education. 

Mr.  Henderson  presented  the  petition  of  Samuel  H.  W.  Jewett,  and 
fifty -seven  others,  legal  voters  of  Will  county,  praying  that  the  constitu- 
tion be  so  amended,  as  to  give  no  support  or  sanction  to  any  system  of 
slavery,  and  forever  prohibit  its  existence,  together  with  all  involuntary 
servitude,  except  as  a  punishment  for  crime. 
On  motion  of  Mr.  Henderson, 

The  petition  was  referred  to  the  committee  on  the  Bill  of  Rights. 

Mr.  Bosbyshell  presented  the  petition  of  Daniel  T.  Simpson,  and  thirty- 
three  others,  praying  that  a  clause  may  be  inserted  in  the  new  constitu- 
tion, that  no  person  shall  have  the  privilege  of  voting  in  any  county  in 
this  state,  unless  he'has  first  resided  in  the  county  wherein  he  offers  his 
vote  for  at  least  six  months  preceding  the  election,  &c. 
On  motion  of  Mr.  BosbyshelJ,  \ 

The  reading  was  dispensed  with  and  the  petition  referred  to  the  com- 
mittee on  Elections. 

On  motion  of  Mr.  Ballingall, 

He  was  excused  from  serving  on  the  committee  to  prepare  an  address 
to  the  people. 

The  convention  resumed  the  consideration  of  the  report  of  the  select 
committee  of  twenty-seven  on  the  Judiciary  Department. 

The  question  pending  when  the  convention  adjourned  on  yesterday  was 
on  the  motion  made  by  Mr.  R.  J.  Cross  to  amend  the  19th  section,  by 
striking  out  the  words  "not  exceeding  one  hundred  dollars." 

Mr.  Witt  moved  to  amend  the  motion  by  striking  out  the  words  "one 
hundred,"  and  by  inserting  in  lieu  of  them  the  words  "three  hundred." 

Mr.  Shumway  moved  the  previous  question. 

The  question  was  taken,  and  th?  convention  refused  to  order  the  pre- 
vious question. 


380 


JOURNAL  OF  THE  CONVENTION.      [August  17. 


Mr.  Vance  moved  for  a  division,  so  as  to  vote  first  on  striking  out: 
The  question  was  taken,  and  decided  in  the  affirmative. 
The  question  was  taken,  by  yeas  and  nays,  on  striking  out, 


A       J    J         '  J     J    * 

79 

And  decided  in 

'  (Nays, 

...         65 

Those  voting  in 

the  affirmative,  are, 

Mr.  Adams 

Mr.  Harper 

Mr.  Robinson 

Anderson 

Harvey 

Roman 

Archer 

Hatch 

Rountree 

Armstrong 

Hill 

Scates 

Atherton 

Hunsaker 

Sharpe 

Ballingall 

Huston 

Shields 

Blair 

James 

Shumway 

Blakely 
Bond 

Judd 
S.  Kinney 

Sibley     ' 
Sim 

Carter 

Knox 

Simpson 

Z.  Casey 

Lander 

Singleton 

Choate 

Lasater 

E.  O.  Smith 

Church 
Churchill 

Laughlin 
McCully 

Spencer 
Stadden 

Colby 

McClure 

Swan 

Crain 

Mark  ley 

Trower 

R.  J.  Cross 

Mason 

Turner 

Dale 

Matheny 

Tutt 

J.  M.  Davis 

Moffett 

Vance 

Dawson 

Moore 

West 

Deitz 

Nichols 

Witt 

Eccles 

Oliver 

Whiteside 

Frick 
Graham 

Pinckney 
Powers 

Whitney 
Woodson 

H.  R.  Green 

Rives 

Worcester 

W    B.  Green 

Robbins 

Mr.  President. 

Harding 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  Haw  ley 

Mr.  F.  S.  D.  Marshall 

Allen 

Hay     ' 

T.  A.  Marshall 

Bosbvshell 

Hayes 

Mieure 

Brockman 

Heacock 

Miller 

Brown 

Henderson 

Minshall 

Caldwell 

Hoes 

Morris 

J.  M.  Campbell 

Hogue 

Northcott 

T.  Campbell 

Holmes 

Pace 

F.  S.  Casey 

Hurl  but 

H.  D.  Palmer 

Constable 

Jackson 

J.  M.  Palmer 

D.  Davis 

Jenkins 

Peters 

T.  G.  C.  Davis 

Jones 

Pratt 

Dummer 

Kenner 

Servant 

Dunsmore 

N.  M.  Knapp 

J.  Smith 

C.  Edwards 

Knowlton 

Thomas 

N.  W.  Edwards 

Kreider 

Thompson 

Evey 

Lemon 

Thornton 

Geddes 

Logan 

"Vernor 

P.  Green 

Loudon 

Wead 

Gregg 

McCallen 

Webber 

Grimshaw 

McHatton 

Williams. 

Harlan 

Manly 

August  17.]       JOURNAL  OF  THE  CONVENTION. 


381 


The  question  was  taken,   by  yeas  and  nays,  on  inserting  the  words 
ft  three  hundred," 

51 

87 


And  decided  in  the  negative,        iM' 
Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Jenkins 

Anderson 

Jones 

Blakely 

Judd      . 

Carter 

S.  Kinney 

Z.  Casey 

Kreider 

Choate 

Lasater 

Colby 

Laughlin 

Grain 

Logan 

R.  J.  Cross 

McCully 

Dale 

Markley 

J.  M.  Davis 

Matheny 

Dawson 

Miller 

Deitz 

Moffett 

Frick 

Moore 

Graham 

Nichols 

W.  B.  Green 

Oliver 

Huston 

Powers 

Those  voting  in 

the  negative,  are, 

Mr.  Akin 

Mr.  Gregg 

Allen 

Grimshaw 

Archer 

Harding 

Armstrong 

Harlan 

Atherton 

Harper 

Ballingall 

Harvey 

Blair 

Hatch 

Bond 

Hawley 

Bosbyshell 

Hay 

Brockman 

y             Hayes 

Brown 

Heacock 

Caldwell 

Henderson 

J.  M.  Campbell 

Hill 

T.  Campbell 

Hoes 

F.  S.  Casey 

Hogue 

Church 

Holmes 

Churchill 

Hunsaker 

Constable 

Hurlbut 

D.  Davis 

Jackson 

T.  G.  C.  Davis 

James 

Dummer 

Kenner 

Dunsmore 

A.  R.  Knapp 

Ecdes 

N.  M.  Knapp 

C.  Edwards 

Knowlton 

N.  W.  Edwards 

Knox 

Evey 

Lander 

Geddes 

Lemon 

H.  R.  Green 

McCallen 

P.  Green 

McClure 

Mr.  Robbins 
Robinson 
Roman 
Rountree 
Scates 
Sim 

Simpson 
Spencer 
Stadden 
Turner 
Tutt 

Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Mr.  President. 


Mr.  McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Minshall 
Morris 
Northcott 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Servant 
Shields 
Sibley 

E.  O.  Smith 
Thomas 
Thompson 
Thornton 
Trower 
Vance 
Vernor 
Webber 
West 
Worcester. 


382 


JOURNAL  OF  THE  CONVENTION.       [August  17. 


Mr.  T.  G.  C.  Davis  moved  to  fill  the  blank  with  the  words  "two  hun- 
dred." 

The  question  was  taken,  by  yeas  and  nays, 

7i 
73 


Mr,  Roman 
Rountree 
Scates 
Servant 
Sharpe 
Shutnway 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Trower 
Turner 
Tutt 
Vance 
Vernor 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Lemon 
Linley 
McCallen 
McClure 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Minshall 
Morris 
Northcott 
Pace 

J.  M.  Palmer 
Peters 
Pratt 
Rives 
Robbing 
Shields 
Sibley 
J.  Smith 
Thomas 
Thompson 
Thornton 
Webber 
Whiteside. 


And  decided  in 

the  negative,       ggg 

Those  voting  in 

the  affirmative,  are, 

Mr.  Adams 

Mr.  Jenkins 

.  Anderson 

Jones 

Blakely 

Judd 

Bond 

S.  Kinney 

Brown 

Kreider 

Caldwell 

Lasater 

Carter 

Laughlin 

Z.  Casey 
Choate 

Logan 
McCully 

Churchill 

McHatton 

Colby 

Markley 

Crain 

Mason 

Dale 

Matheny 

J.   M.  Davis 

Mieure 

T.  G.  C.  Davis 

Miller 

Dawson 

Moffett 

Frick 

Moore 

Graham 

Nichols 

P.    Green 

Oliver 

W.  B.  Green 

H.  D.  Palmer 

Haroer 

Pinckney 

Hill* 

Powers 

Hogue 

Robinson 

Huston 

Those  voting  in 

the  negative,  are,  * 

Mr.  Akin 

Mr.  H.  R.  Green 

Allen 

Gregg 

Archer 

Grimshaw 

Armstrong 

Harding 

Atherton 

Harlan 

Ballingall 

Harvey 

Blair 

Hatch 

Bosbyshell 

Hawley 

Broekman 

Hay 

Butler 

Hayes 

J.  M.  Campbell 

Heacock 

T.  Campbell 

Henderson 

F.  S.  Casey 

Hoes 

Church 

Holmes 

Constable 

Hunsaker 

R.  J.  Cross 

Hurlbut 

D.  Davis 

Jackson 

Deitz 

James 

Dummer 

Kenner 

Dunsmore 

A.  R.  Knapp 

Eccl«s 

N.  M.  Knapp 

C.  Edwards 

Knowlton 

N.  W.  Edwards 

Knox 

Evey 

Lander 

Geddes 

August  17.]       JOURNAL  OF  THE  CONVENTION. 

Mr.  West  moved  to  fill  the  blank  with  "one  hundred  and  fifty.*' 
The  question   was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative 


Yeas, 

Nays, 


65 

76 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Blakely 
Caldwell 
Carter 
Z.  Casey 
Choate 
Church 
Colby 
Constable 
Crain 
D.  Davis 
T.  G.  C.  Davis 
Dawson 

N.  VV.  Edwards 
Fnck 
Graham 
Geddes 
P.  Green 
W.  B.  Green 
Harper 
Hawley 


Mr.  Hay 
Hayes 
Hill 
Hogue 
Hurlbut 
Huston 
Jenkins 
Jones 
Kenner 
A.  R.  Knapp- 
Kreider 
Lasater 
Lemon 
Logan 
McHatton 
Markley 
T.  A.  Marshall 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 


Mr.  Moore 
Morris 
Nichols 
Oliver 

H.  D.  Palmer 
J.  M.  Palmer 
Pinckney 
Servant 
Sharpe 
Sim 

Spencer 
Stadden 
Swan 
Thornton 
Vance 
Vernor 
West 
Williams 
Woodson 
Worcester. 
Mr.  President. 


Those  who  voted  in  the  negative,  are, 


YTr.  Adams 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Bl  air 
Bond 

Bosbyshell 
Brockman 
Brown 

J.  M.  Campbell 
T.  Campbell 
F.  S.  Casey 
Churchill 
R.  J.  Cross 
Dale 

J.  M.  Davis 
Deitz 
Duinmer 
Dunsmore 
Eccles 
C.  Edwards 
Evey 

H.  R.  Green 
Gregg 


Mr.  Grimshaw 
Harding 
Harlan 
Harvey 
Hatch 
Heacock 
Henderson 
Hoes 
Holmes 
Hunsaker 
Jackson 
-  James 
Judd 

S.  Kinney 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Laughlin 
McCallen 
McCully 
McClute 
Manly 

F.  S.  D.  Marshall 
Mason 


Mr.  Northcott 
Pace 
Peters 
Powers 
Pratt 
Rives 
Robbins 
Robinson 
.  Roman 
Rountree 
Scates 
Shields 
Sh  urn  way 
Sibley    ' 
Simpson 
J.  Smith 
Thomas 
Thompson 
Trower 
Turner 
Tutt 
Webber 
Witt 

Whiteside 
Whitney. 


54  JOURNAL  OF  THE  CONVENTION.        [August  17. 

Mr.  H.  R.  Green  moved  to  fill  the  blank  with  "fifty." 

Mr.  Bosbyshell  moved  to  fill  the  blank  with  "one  hundred  and  ten." 

Mr.  Robbins  moved  to  fill  the  blank  with  "five  hundred." 

Mr.  Brockman  moved  to  reconsider  the  vote  on  striking  out. 

The  question  was  taken,   by  yeas  and  nays^  on  reconsidering, 


{Yeas 

And  decided  in  the  affirmative,  <  ^     ' 

Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Bosbyshell 

Brockman 

Caldwell 

J.  M.  Campbell 

T.  Campbell 

Carter 

F.  S.  Casey 

Choate 

Churchill 

Colby 

Constable 

Grain 

D.  Davis 

T.  G.  C.  Davis 

Dummer 

Dunsmore 

C.  Edwards 

N.  W.  Edwards 

Evey 


Mr.lGre 


.JGregg 
Harlan 


Hawley 

Hay    ' 

Hayes 

Heacock 

Henderson 

Hoes 

Hogue 

Holmes 

Hurlbut 

Jones 

Kenner 

S.  Kinney 

A.  R.  Knapp 

N.  M.  Knapp 

Knowlton 

Logan 

Loudon 

McCallen 


59 

80 


Mr.  Manly 

F.  S.JD.  Marshall 

T.  A.  Marshall 

Mieure 

Mmshall 

Morris 

North  cott 

Oliver 

H.  D.  Palmer 

J.  M.  Palmer 

Pratt 

Robbins 

J;  Smith 

Swan 

Thompson 

Thornton 

Vernor 

Webber 

Williams. 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bond 

Zadok  Casey 
Church 
R.  J.  Cross 
Dale 

J.  M.  Davis 
Dawson 
Deitz 
Eccles 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Grimshaw 
Harding 
Harper 


Mr.  Harvey 
Hatch 
Hill 

Hunsaker 
Huston 
Jackson 
James 
Jenkins 
Judd 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
McCully 
McClure 
McHatton 
Markley 
Mason 
Matheny 
Miller  * 
Moffett 
Moore 
Nichols 
Powers 
Rives 


Mr.  Robinson 
Roman 
Rountree 
Scates 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Thomas 
Trower 
Turner 
Tutt 
Vance 
Wead 
West 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 
Mr.  President. 


August  17.]       JOURNAL  OF  THE  CONVENTION, 


385 


The  question  was  taken  on  inserting  "  fifty,"  and  decided  in  the  nega- 
tive. 

The  question  was  taken  on  inserting  "one  hundred  and  ten,"  and  de- 
cided in  the  negative. 

Mr.  Robbins  withdrew  the  motion  to  insert  "five  hundred." 

Mr. Constable  moved  to  reconsider  the  vote  refusing  to  insert  "two 
hundred." 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  recurring  upon  the  amendment  proposed  by  Mr.  R.  J. 
Cross,  to  strike  out  the  words  "not  exceeding  one  hundred  dollars,"  it 
was  put, 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  affirmative,  J 


Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bond 
Brockman 
Butler 
Caldwell 
Z.  Casey 
Choate 
Church 
Churchill 
Crain 

R.  J.  Cross 
Dale 

T.  G.  C.  Davis 
Dawson 
Deitz 
Eccles 
C.  Edwards 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Gregg 
Gnmshaw 
Harding 


Mr.  Harper 
Harvey 
Haich 
Hawley 
Hay 

Henderson 
Hill 
Hogue 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jones 
S.  Kinney 
A.  R.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Loud on 
McCallen 
Me  Cully 
McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Bosbyshell 
T.  Campbell 
Carter 
F.  S.  Casey 


Mr.  Constable 
D.  Davis 
Dummer 
Dunsmore 
N.  W.  Edwards 


.  103 
.    29 


Mr.  Minshall 

Moore 

Nichols 

Powers 

Rives 

Robbins 

Robinson 

Roman 
N  Rountree 

Scates 

Servant 

Sharpe 

Shields 

Shumway 

Sibley     ' 

Sim 

Simpson 

K  O.  Smith 
'  Spencer 

Stadden 

Swan 

Trower 

Turner 

Tutt 

Vance 

Webber 

West 

Williams 

Witt 

Whiteside 

Whitney 

Woodson 

Worcester 

Mr.  President 


Mr.  Evey 
Harlan 
Hayes 
Heacock 
N.  M.  Knapp 


J86 


JOURNAL  OF  THE  CONVENTION.        [August  I 


Mr.  Logan 
Mieure 
Morris 
Northcott 
Oliver 


Mr.  Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 


Mr.  Thompson 
Thornton 
Vernor 
Wead. 


Mr.  J.  M.  Davis  moved  to  amend  the  same  section  by  inserting  th< 
words  "in  such  districts  as  the  general  assembly  may  direct,"  after  th< 
word  "state,"  in  the  first  line. 

The  question  was  taken,  by  yeas  and  nays, 


(Yeas 
And  decided  in  the  affirmative,  <^    T' 

Those  vo-ting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Harding 

Akin 

Harlan 

Allen 

Harper 

Anderson 

Hatch 

Archer 

Hawley 

Armstrong 
Atherton 

Hay 
Heacock 

Ballingall 

Henderson 

Blair 

Hill 

Blakely 

Hogue 

Bosbyshell 

Hunsaker 

Brockman 

Hurl  but 

Brown 

Jackson 

Butler 

James 

T.  Campbell 
Carter 

Jones 
S.  Kinney 

F.  S.  Casey 

N.  M.  Knapp 

Zadok  Casey 

Knowlton 

Choate 

Kreider 

Church 

Lander 

Churchill 

Lasater 

Colby 

Laughlin 

Constable 

Lemon 

Crain 

Logan 

Dale 

McCallen 

j.  M.  Davis 

McCully 

Dawson 

McClure 

Dummer 

McHatton 

Dunsmore 

Manly 

Eccles 
C.  Edwards 

Markley 
F.  S.  D.  Marshall 

N.  W.  Edwards 

T.  A.  Marshall 

Evey 

Mason 

Frick 

Mieure 

Geddes 

Minshall 

P.  Green 

Moffett 

W.  B.  Green 

Moore 

Grimshaw 

Nichols 

Those  voting  in 

the  negative,  are, 

Mr.  R.  J.  Cross 

Mr.  Judd 

Graham. 

Kenner 

Huston 

Mr.  Northcott 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 
Rives 
Robbins 
Robinson 
Rountree 
Scates 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Thornton 
Trower 
Turner 
Tutt 
Vance 
Vernor 
Wead 
Webber 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 
Mr.  President. 


Mr.  Miller 
Staddea. 


123 

7 


August  17.]      JOURNAL  OF  THE  CONVENTION.  387 

Mr.  Graham  offered  the  following  as  a  substitute  for  the  section: 

"There  shall  be  elected  in  each  county  in  this  state,  in  such  districts  or 
'townships  as  the  county  court  may  designate,  or  as  may  be  otherwise  au- 
thorized by  law,  as  many  justices  of  the  peace,  constables  and  other 
officers  and  agents  as  may  be  necessary  to  conduct  the  business  of  said 
counties  respectively,  whose  jurisdiction  and  duties  shall  be  defined  by 
he  legislature." 

The  question  was  taken,  and  the  substitute  rejected. 
On  motion  of  Mr.  Constable, 

The  20th  section  was  stricken  out. 

Mr.  Archer  moved  to  amend  the   21st  section,  by  adding  thereto  the 
bllowing: 

"Provided,  that  the  legislature   may  hereafter  provide  by  law  for  the 
election,  by  the  qualified  voters  of  each  county  in  this  state,  of  one  prose- 
cuting attorney  for  each  county,  in  lieu  of  the  circuit   attorneys   provi- 
ded for  in  this  section.     The  term  of  office,  duties   and  compensation  of 
which  county  attorneys  shall  be  regulated  by  law." 
On  motion, 

The  convention  adjourned  to  three  o'clock,  p.  M. 


,  „  TIN] 

THREE  O'CLOCK,  P.  M. 


The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Lemon, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  that  the  fol- 
owing  gentlemen  were  absent,  viz: 

Messrs.  Ballingall,JBosbyshell,  Brockman,  Bunsen,  Butler,  Canady, 
Darter,  Choate,  Colby,  Constable,  S.  J.  Cross,  Dement,  Dunlap,  Dunn, 
Gdmonson,  Farwell,  W.  B.  Green,  Grimshaw,  Hay,  Hoes,  Hurlbut,  A.  R. 
£napp,  Knowlton,  Linley,  Lockwood,  Logan,  Matheny,  Miller,  Norton. 
Servant,  Sherman,  Sim,  Turnbull,  Tuttle,  Webber,  and  Whiteside— 36. 
On  motion  of  Mr.  C.  Edwards, 

Mr.  Constable  was  excused  in  consequence  of  illness. 

The  convention  resumed  the  consideration  of  the  report  of  the  select 
committee  of  twenty-seven,  on  the  Judiciary  Department. 

The  question  pending  when  the  convention  adjourned  this  morning,  was 
>n  the  motion  made  by  Mr.  Woodson,  to  lay  the  amendment  to  the  21st 
section,  proposed  by  Mr.  Archer,  on  the  table. 

Mr.  Woodson  withdrew  the  motion. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
irnendment, 

And  decided  in  the  affirmative,  ^ea8'         .... 

i\as,         •         •         •         •         ul 


388  JOURNAL  OF  THE  CONVENTION.      [August  I' 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Hatch  Mr.  Markley 

Allen  Hawley  T.  A.  Marshall 

Anderson  Hayes  Mieure 

Archer  Heacock  Miller 

Armstrong  Henderson  Moore 

Atherton  Hill  Nichols 

Ballingall  Hoes  J.  M.  Palmer 

Bosbyshell  Hogue  Pinekney 

Brockman  Holmes  Powers 

J.  M.  Campbell  Hunsaker  Pratt 

Church  Huston  Roman 

Churchill  Jackson  Rountree 

R.  J.  Cross  James  Sharpe 

J.  M.  Davis  Jones  Shields 

T.  G.  C.  Davis  Kenner  Simpson 

Dunsmore  S.  Kinney  Spencer 

Eccles  W.  M.  Knapp  Stadden 

Evey  Knox  Turner 

Frick  Kreider  Tutt 

Geddes  Lander  Wead 

P.  Green  Lasater  Webber 

W.  B.  Green  Laughlin-  Whiteside 

Gregg  McClure  "Whitney 

Harding  9  McHatton  Worcester 

Harlan  Manly  Mr.  President. 

Harvey 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Harper  Mr.  Robinson 

Blakely  Hurlbut  Scates 

Bond  Jenkins  Servant 

Brown  Judd  Shumway 

Caldwell  Knowlton  Sibley 

T.  Campbell  Lemon  Sim 

F.  S.  Casey  Loudon  Singleton 

Z.  Casey  McCallen  E.  O.  Smith 

Choate  Me  Cully  J.  Smith 

Craia  F.  S.  1).  Marshall  Swan 

Dale  Mason  Thomas 

D.  Davis  Minshall  Thompson 

Dawson  Moffett  Thornton 

Deitz  Morris  Trower 

Dummer  Oliver  Vance 

C.  Edwards  Pace  Vernor 

N.  W.  Edwards  H.  D.  Palmer  West 

Farwell  Peteis  Williams 

Graham  Rivas  Witt 

H.  R.  Green  Robbing  Woodson. 

Gnmshaw 

Mr.  Servant  moved  to  amend  the  section, as  amended,  by  adding  then 
the  following  proviso: 

"Provided,  that  the  only  compensation  of  county  attorneys  be  fees,  to 
collected  from  the  defendant  in  criminal  prosecutions;  not  to  exce 
live  dollars  in  each  case." 

The  question  was  taken,  and  decided  in  the  negative. 

Th3  question  was  taken,   by  yeas  and  nays,  on  the  adoption  of 
section,  as  amended, 

And  decided  in  the  affirmative,     JAi^5 


August  17.]     JOURNAL  OF  THE  CONVENTION. 


389 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Bond 

Bosbyshell 
Brockman 
Brown 
Butler 
Caldwell 
Carter 
Choate 
Churchill 
Colby 
Grain 

R.  J.  Cross 
Dale 

J.  M.  Davis 
T.  G.  C.  Davis 
Deitz 
Eccles 
Evey 
Geddes 
P.  Green 
W.  B.  Green 
Gregg 
Harding 


Mr.  Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Hogue 
Holmes 
Hunsaker 
Huston 
Jackson 
James 
Jones 
Kenner 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Laugh  lin 
Logan 
McClure 
McHatton 
Manly 
Mark'ley 


Those  voting  in  the  negative,  are, 


r.  Akin 
Blakely 

J.  M.  Campbell 
T.  Campbell 
F.  S.  Casey 
Z.  Casey 
D.  Davis 
Dawson 
Dummer 
C.  Edwards 
N.  W.  Edwards 
Farwell 
Frick 
Graham 
H.  R.  Green 
Grimshaw 
Hurl  but 


Mr.  Jenkins 
Judd 

S.  Kinney 
A.  R.  Knapp 
Knovvlton 
Lemon 
McCallen 
McCully 

F.  S.  D.  Marshall 
Mason 
Minshall 
Morris 
Pace 

H.  D.  Palmer 
Peters 
Rives 


Mr.  Mathenf 
Mieure 
Miller 
Moffett 
Moore 


Oliver 

Pinckney 

Powers 

Pratt 

Roman 

Rountre« 

Scates 

Shields 

Simpson 

J.  Smith 

Spencer 

Stadden 

Swan 

Thompson 

Turner 

Tutt 

Wead 

Webber 

Williams 

Whiteside 

Whitney 

Worcester 

Mr.  President, 


Mr.  Robbing 
Robinson 
Servant 
Sharpe 
Shumway 
Sibley 
Sim 

E.  0.  Smith 
Thomas 
Thornton 
Trower 
Vance 
Vernor 
West 
Witt 
Woodson, 


On  motion  of  Mr.  Thomas, 
The  22  d  section  was  amended  by  striking  out  the  4th  and  5th  lines. 

On  motion  of  Mr.  Thornton, 

The  same  section  was  amended  by  striking  out  the  word  "commission- 
ed," in  the  second    line,  and    by   inserting   in  lieu   thereof  the   word 
elected." 

Mr.  Markley  moved  to  reconsider  the  vote  taken  on  striking  out  the 
ast  two  lines  of  the  same  section. 


390  JOURNAL  OF  THE  CONVENTION.       [August  17. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Thomas  moved  to  amend  the  same  section,  as  amended,  by  adding 
the  following  proviso: 

"Provided,  that  no  person  shall  be  eligible  to  the  office  of  clerk  of  any 

circuit  court  who  shall  not  have  obtained  a  certificate  from  the   supreme 

court,  stating  that  he  is  qualified  to  perform  the  duties  of  the  office." 

On  motion  of  Mr.  Akin, 

The  amendment  was  laid  on  the  table. 
On  motion  of  Mr.  Whiteside, 

The  same  section,  as  amended,  was  further  amended  by  adding  the 
following: 

"The  clerks  of  the  supreme  court  shall  be  elected  in  each  division  by 
the  qualified  electors  thereof,  for  the  term  of  six  years,  and  until  theii 
successors  are  elected  and  qualified,  whose  duties  and  compensation  shal 
be  provided  by  law." 

On  motion  of  Mr.  F.  S.  D.  Marshal], 

The  following  blank  sections  were  adopted. 

"SEC.  — .  All  judges,  clerks,  justices  of  the  peace,  and  prosecuting  at 
torneys  shall  be  commissioned  by  the  governor. 

"SEC.  — .  All  process,  writs,  and  other  proceedings  shall  run  in  the 
name  of  *Thepeople  of  the  state  of  Illinois.''  All  prosecutions  shall  be  car- 
ried on  ^In  the  name  and  by  the  authority  of  the  people  of  the  state  of  Illi- 
nois•,'  and  conclude  'against  the  peace  and  dignity  of  the  same..  " 

Mr.  Markley  moved  the  following  as  an  additional  section  to  follow 
section  6th: 

"SEC.  — .  One  justice  of  the  supreme  court,  shall  be  elected  from  each 
division,  by  the  qualified  electors  of  the  state,  for  the  term  of  nine  years. 
The  3d  and  —  sections  of  thi?  acticle  shall  be  submitted  seperately,  as  .al- 
ternate propositions,  and  the  section  having  the  greater  number  of  votes, 
shall  be  and  become  section  three  of  this  article." 

On  motion  of  Mr.  Deitz, 

The  proposed  section  was  laid  on  the  table,  l^™9     ' 

^iNays.     .         «  <j  i 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.fN.  W.  Edwards  Mr.  Kenner 

Akin  Frick  S.  Kinney 

Allen  Graham  A.  R.  Knapp 

Atherton  Geddes  N.  M.  Knapp 

Bond  P.    Green  Knowlton 

Caldwell  W.  B.  Green  Knox 

Church  Gregg  Lemon 

R.  J.  Cross  Grimshaw  Logan 

D.  Davis  Harding  Loudon 

J.  M.  Davis  Harlan  McCallen 

T.  G.  C.  Davis  Harper  F.  S.  D.  Marshall 

Dawson  Heacock  Mason 

Deitz  Hill  Matheny 

Dummer  Hogue  Mieure 

Dunsmora  Holmes  Miller 

Eccles  Hurlbut  Minshall 

C.  Edwards  Jackson  Oliver 


August  17.]        JOURNAL  OF  THE  CONVENTION.  391 

Mr.  H.  D.  Palmer  Mr.  Sibley  Mr.  Thornton 

Pinckney  Sim  Turner 

Rives  E.  O.  Smith  Vance 

I         Robbing  J.  Smith  Webber 

Robinson  Spencer  West 

Roman  Swan  Williams 

Servant  Thomas  Woodson. 
Sharpe 

Those  voting  in  the  negative,  are, 

I  Mr.  Anderson  Mr.  Hawley  Mr.  Nichols 

Archer  Hayes  Pace 

Armstrong  Henderson  J.  M.  Palmer 

Ballingall  Hoes  Peters 

Blair  f  Hunsaker  Powers 

Bosbyshell  Huston  Pratt 

Brocktnan  James  Roantree 

Brown  Jenkins  Scales 

J.  M.  Campbell  Kreider  Shields 

T.  Campbell  Lasater  Shumway 

Carter  Laughlin  Simpson 

F.  S.  Casey  Linley  Stadden 

Z.  Casey  McCuIly  Thompson 

Choate  McClure  Vernor 

Churchill  McHatton  Wead 

Colby  Manly  Witt 

Dale  Markley  Whiteside 

Evey  Moffett  Worcester 

Harvey  Moore  Mr.  President. 

Hatch  Morris 

On  motion  Mr.  Pratt, 

The  following  additional  section  was  adopted: 

SEC.  — .  The  legislature  muy  authorize  the  judgments,  decrees  and  de- 
cisions of  any  local  inferior  court  of  record,  of  original,  civil  or  criminal 
jurisdiction,  established  in  a  city,  to  be  removed  for  revision  directly  into 
the  supreme  court. 

On  motion  of  IVlr.  Thornton, 

The  vote  taken  on  the  adoption  of  the  sixth  section,  was  reconsidered. 
On  motion  of  Mr.  Logan, 

The  vote  ordering  the  main  question  on  the  adoption  of  the  6th  sec- 
tion was  reconsidered. 

The  question  was  taken  on  ordering  the  main  question,  and  decided  in 
the  negative. 

Mr.  Thornton  offered  the  following  as  a  substitute  for  the  sixth  section: 

"The  supreme  court  shall  hold  one  term  annually  in  each  of  the  afore- 
said grand  divisions,  at  such  time  and  place  in  each  of  said  divisions  as 
may  be  provided  for  by  law." 

The  question  was  taken,  by  yeas  and  nays, 

And  decided  in  the  affirmative, 


392 


JOURNAL  OF  THE  CONVENTION.      [August  17. 


Those  voting  in  the  affirmative,  are. 


Mr.  Adams      * 

Mr.  P.  Green 

Akin 

Grimshaw 

Allen 

Harding 

Atherton 

Harper 

Blair 

Heacock 

Bond 

Hill 

Brown 

Holmes 

Caldwell 

Hurlbut 

T.  Campbell 

Jackson 

Canady 

Jones 

F.  S.  Casey 

Judd 

Z.  Casey 

Kenner 

Choate 

S.  Kinney 

Church 

A.  R.  Knapp 

Churchill 

N.  M.  Knapp 

R.  J.  Cross 

Knowltoa 

D.  Davis  i 

Knox 

J.  M.  Davis 

Lander 

T.  G.  C.  Davis 

Lasater 

Dawson 

Lemon 

Deitz 

Logan 

Dummer 

Loudofl 

Dunsmore 

Me  Cully 

Eccles 

F.  S.  D.  Marshall 

C.  Edwards 

Mason 

N.  W.  Edwards 

Matheny 

Evey 

Mieure 

Farwell 

Miller  ' 

Graham 

Minshall 

Geddea 

Moffett 

Those  who  voted 

in  the  negative,  are, 

Mr.  Anderson 

Mr.  Hawley 

Archer 

Hayes 

Armstrong 

Henderson 

Ballingall 

Hoes 

Blakely 

Hogue 

Bosbyshell 

Hunsaker 

Brockman 

Huston 

J.  M.  Campbell 
Carter 

James 
Jenkins 

Colby 

Kreider 

Dale 

Laughlin 

Fnck 

Linley 

Gregg 

McClure 

Harlan 

McHatton 

Harvey- 

Manly 

Hatch 

Markley 

Mr.  Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palme? 
Peters 
Pmckney 
Rives 
Robinson 
Roman 
Scales 
Servant 
Sibley 
Sim 

E.  O.  Smiths 
J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Turner 
Vance 
Vernor 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson- 
Worcester. 


Mr.  Moore 
Morris 
Nichols 
Powers 
Pratt 
Robbins 
Rountree 
Shields 
Shumway 
Simpson 
Stadden 
Thompson 
Trower 
Wead 
Webber 
Mr.  President, 


Mr.  Markley  moved  to  amend  the  substitute  by  adding  thereto  the  fol- 
lowing proviso: 

"Provided,  however,  that  the  general  assembly  may,  after  the  years 
eighteen  hundred  and  fifty-five,  direct  by  law  that  the  said  court  shall  be 
held  in  each  judicial  circuit." 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 


<Yeas, 

(Nays, 


40 

8G 


August  18.]         JOURNAL  OF  THE  CONVENTION. 


393 


Those  voting  in  the  affirmative,  are, 


Mr.  Archer 

Mr.  Hatch 

Armstrong 
Ballingall 
Blair 

Hawley 
Henderson 
Hunsaker 

Brockman 

Huston 

J.  M.  Campbell 
Carter 

Jenkini 
Kreider 

Choate 

Laughlin 

Churchill 

Linley 

Farwell 

McClure 

Frick 

McHntton 

P.  Green 

Manly 

Harlan  ; 

Markley 

Harvey 

Those  voting  in 

the  negative,  are, 

'Mr.  Adams 

Mr.  Harper 

Akin 

Hayes 

Allen 

Heacock 

Anderson 

Hill 

Atherton 

Hogue 

Bond 

Holmes 

Brown 

Hurlbut 

Caldwell 

Jackson 

F.  S.  Casey 

James 

Z.  Casey 

Jones 

Church 

Kenner 

Colby 

S.  Kinney 

Grain 

A.  R.  Knapp 

R.  J.  Cross 

N.  M.  Knapp 

Dale 

Knowlton 

D.  Davis 

Knox 

J.  M.  Davis 

Lander 

T.  G.  C.  Davis 

Lasater 

Dawson 

Lemo'n 

Deitz 

Logan 

Dummer 

Loudon 

Dunsmore 

Me  Cully 

Eccles 

F.  S.  D.  Marshall 

C.  Edwards 

Mason 

N.  W.  Edwards 

Matheny 

Graham 

Mieure 

Geddes 

Miller 

Grimshaw 

Minshall 

Harding 

Moffett 

On  motion, 
The  convention  adjourned. 


Mr.  Nichols 

J.  M.  Palmer 

Peters 

Powers 

Rives 

Rountree 

Shields 

Simpson 

Thompson 

Trower 

Vance 

Webber 

Mr.  President. 


Mr.  Moore 
Oliver 
Pace 

H.  D.  Palmer 
Pratt 
Robbins 
Robinson 
Roman 
Scates 
Servant 
Sharp  e 
Sibley 
Sim 

E.  0.  Smith 
J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Turner 
Vernor 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcest  er. 


WEDNESDAY,  AUGUST  18,  1847. 


Convention  met  pursuant  to  adjournment. 
The  journal  of  Saturday  was  read. 

On  motion  of  Mr.  Gregg, 

Leave  of  absence  was  granted  to  Mr.  Sherman,  for  two  weeks,  in  con- 
sequence of  sickness. 


394  JOURNAL  OF  THE  CONVENTION.        [August  13. 

On  motion  of  Mr.  Archer, 
Leave  of  absence  was  granted  to  Mr.  Butler  for  two  weeks. 

On  motion  of  Mr.  Eccles, 

Leave  of  absence  was  granted  to  Mr.  Edmonson  for  seven  days,  in  con- 
sequence of  sickness. 

Mr.  Churchill,  from  the  special  committee  to  which  was  referred  the 
subject  of  agriculture,  &c.,  made  the  following  report  from  the  majority 
of  said  committee,  as  suitable  to  be  engrafted  into  the  new  constitution: 

ARTICLE  — . 

SECTION  1.  The  general  assembly  shall  encourage  internal  improve- 
ments, by  passing  liberal  general  laws  of  incorporation  for  that  purpose. 

SEC.  2.  The  general  assembly  shall  provide  by  law  for  a  geological 
survey  of  the  state,  when  the  finances  of  the  state  shall  justify  it. 

Mr.  Churchill,  from  the  minority  of  the  same  committee,  reported  the 
following  as  suitable  to  be  engrafted  into  the  new  constitution: 

ARTICLE  — . 

AGRICULTURE. 

SECTION  1.  The  general  assembly  shall  pass  such  general  laws  as  may 
be  necessary  to  promote  the  interests  of  agriculture. 

SEC.  2.  The  general  assembly  shall  pass  general  laws  to  allow  coun- 
ties and  townships  to  levy  taxes  and  impose  fines  for  agricultural  purpo- 
ses; and  townships  to  levy  taxes  to  establish  agricultural  and  general  libra- 
ries and  superintend  the  same. 

SEC.  3.  The  superintendent  of  schools  for  the  state,  counties  and  town- 
ships may  be  made  superintendent  of  the  interests  of  agriculture,  and  the 
general  assembly  shall  provide  by  law.  through  these  and  other  school  offi- 
cers or  otherwise,  for  the  collection  annually  of  all  agricultural  statistics, 
and  the  deposite  and  safe  keeping  of  the  same;  and  shall  provide  for  the 
introduction  of  agricultural  science  to  the  common  schools  of  this  state, 
and  the  publication  and  circulation  of  statistics. 

SEC.  4.  The  general  assembly  may  authorize  by  law  the  election  of  a 
board  of  agriculture,  to  be  composed  of  not  less  than  one  member  from 
each  senatorial  district,  whose  duty  shall  be  to  recommend  to  the  general 
assembly  the  passage  of  such  laws  as  may  be  necessary  to  promote  the  in- 
terests of  agriculture,  and  such  other  duties  as  may  by  law  be  assigned 
them.  Said  board  shall  meet  at  such  time  and  place  as  the  superintend- 
ent or  other  officer  may  direct,  until  otherwise  provided  by  law,  and  the 
state  superintendent  of  agriculture  shall  be  the  presiding  officer.  Five  of 
the  board  shall  form  a  quorum  to  do  business,  but  no  law  passed  by  the 
general  assembly  on  the  recommendation  of  said  board  shall  be  binding, 
or  in  any  manner  affect  any  district  not  represented  in  said  board,  unless 
passed  by  the  general  assembly  as  a  general  law,  and  declared  so  to  be. 
Said  board  of  agriculture  shall  be  also  a  board  of  education,  and  the  duties 
of  the  board  shall  be  defined  by  law. 


August  18.]      JOURNAL  OF  THE  CONVENTION.  395 

SEC.  5.  The  members  of  the  board  of  agriculture  shall  receive  no  salary 
or  per  diem  from  the  revenues  of  the  state. 

On  motion  of  Mr.  Churchill, 

The  reading  of  the  reports  was  dispensed  with,  and  250  copies  ordered 
to  be  printed  for  the  use  of  the  convention. 

Mr.  N.  M.  Knapp,  from  the  committee  on  Law  Reform,  reported  the 
following  preamble,  article  and  sections  to  be  engrafted  into  the  revised 
constitution: 

PREAMBLE. 

We,  the  people  of  the  state  of  Illinois,  in  order  to  form  a  more  perfect 
government,  establish  justice,  insure  domestic  tranquility,  provide  for  the 
common  defence,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posteiity,  do  ordain  and  establish  this  constitu- 
tion for  the  state  of  Illinois: 

ARTICLE  1. 

SECTION  1.  The  boundaries  and  jurisdiction  of  the  state  shall  continue 
to  be  as  follows,  to  wit:  Beginning  at  the  mouth  of  the  Wabash  river, 
thence  up  the  same,  and  with  the  line  of  Indiana  to  the  noith-west  corner 
of  said  state,  thence  east  with  the  line  of  the  same  state  to  the  middle  of 
Lake  Michigan,  thence  north  along  the  middle  of  said  lake  to  the  north 
latitude  forty-two  degrees  and  thirty  minutes;  thence  west  to  the  micidle  of 
the  Mississippi  river,  and  thence  down  along  the  middle  of  that  river  to  its 
confluence  with  the  Ohio  river;  and  thence  up  the  latter  river  along  its 
north-western  shore,  to  the  beginning. 

ARTICLE  2. 

SECTION  1.  The  powers  of  the  government  of  the  state  of  Illinois  shall 
be  divided  into  three  distinct  departments,  and  each  of  them  to  be  confi- 
ded to  a  separate  body  of  magistracy,  to  wit:  those  which  are  legislative, 
to  one;  those  which  are  executive,  to  another;  and  those  which  are  judi- 
ciary, to  another. 

SEC.  2.  No  person  or  collection  of  persons,  being  one  of  those  depart- 
ments, shall  exercise  any  power  properly  belonging  to  either  of  the  others, 
except  as  hereinafter  expressly  directed  or  permitted;  and  all  acts  in  con- 
travention of  this  section  shall  be  toid. 

SEC.  — .  The  governor  shall  nominate,  and  by  and  with  the  advice  and 

consent  of  the  senate,  (a  majority  of  all  the  senators  concurring)  appoint 

all  officers  whose  offices  are  established  by  this  constitution,  or  which  may 

be  created  by  law,  and  whose  appointments  are  not  herein  otherwise  pro- 

j  vided  for;  and  no  such  officer  shall  be  elected  or  appointed  by  the  general 

;  assembly;  Provided,  further,  that  officers  whose  jurisdiction  and  duties  are 

j  confined  within  the  limits  of  a  county,  and  whose  appointments  are  not 

herein  otherwise  provided  for,  shall  be  appointed  in  such  manner  as  the 

general  assembly  shall  prescribe. 


396  JOURNAL  OF  THE  CONVENTION.       [August  IS. 

SEC.  —  .  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
state  who  is  not  a  citizen  of  the  United  Slates,  and  who  shall  not  have  re- 
sided in  this  State  one  year  next  before  the  election  or  appointment.  Eve- 
ry person  who  shall  be  chosen  or  appointed  to  any  office  of  trust  or  profit, 
shall,  before  entering  upon  the  duties  thereof,  take  an  oath  to  support  the 
constitution  of  the  United  States  and  of  this  State,  and  also  an  oath  of 
office. 

The  minority  of  males  shall  cease  at  twenty-one,  and  of  females,  at 
eighteen  years  of  age. 

On  motion  of  Mr.  N.  M.  Knapp, 
The  reading  of  the  report  was  dispensed  with,  and  250  copies  ordered 
to  be  printed  for  the  use  of  the  convention. 

Mr.  Pratt,  from  the  committee  on  Finance,  to  which  was  referred  an  ar- 
ticle proposed  for  insertion  in  the  new  constitution  by  Mr.  C.  Edwards, 
reported  the  same  back,  and  asked  to  be  discharged  from  the  further  con- 
sideration thereof. 

The  question  was  taken,  and  the  committee  discharged. 

On  motion  of  Mr.  Archer, 
A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  that  the  fol- 
lowing gentlemen  were  absent: 

Messrs.  Brown,  Bunsen,  Butler,  Constable,  S.  J.  Cross,  T.  G.  C.  Davis, 
Dement,  Dunn,  Edmonson,  N.  W.  Edwardsj  Evey,  Farwell,  P.  Green, 
Grimshaw,  Hay,  Holmes,  James,  W.  C.  Kinney,  Kitchell,  Knox,  Lander, 
Lockwood,  Logan,  Matheny,  Minshall,  Northcott,  Norton,  Pace,  Rives, 
Sherman,  J.  Smith,  Thompson,  Tuttle,  Wead  and  Williams  —  35. 

On  motion  of  Mr.  Markley, 

Further  proceedings  under  the  call  were  dispensed  with. 
The  convention  resumed   the  consideration  of  the  report  of  the  select 
committee  of  twenty-seven  on  the  judiciary  department. 

Mr.  Harvey  moved  the  following  as  a  proviso  to  the  6th  section  as 
amended: 

"Provided^  that  after  the  year  1850,  the  general  assembly  may  provide 
by  law  that  a  term  of  the  supreme  court  shall  be  held  in  two  places  in  any 
one  or  more  of  the  said  grand  divisions,  if  in  their  opinion  the  public  good 
requires  it." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 


And  decided  in  the  negative,  i 
Those  voting  in  the  affirmative,  are, 


Mr.  Adams  Mr.  T.  Campbell  Mr.  Farwell 

Anderson  Carter  Frick 

Archer  Church  Gregg 

Armstrong  Churchill  Harlan 

Ballirigall  Colby  Harvey 

Blair  Crain  Hatch 

Blakely  R.  J.  Cross  Hawley 

Brockman  Dale  Heacock 

J.  M.  Campbell  Deitz  Henderson 


August  18.]        JOURNAL  OF  THE  CONVENTION. 


397 


Mr.  Hill 
Hoes 
Hunsaker 
Huston 
Jenkins 
Kreider 
Laughlin 
McClurc 
McHatton 
Manly 


Mr.  Markley 
Morris 
Nichols 
Oliver 
Peters 
Powers 
Pratt 
Robbing 
Rountree 
Shields 


Mr.  Shumway 
Simpson 
Spencer 
Stadden 
Thompson 
Trower 
Tutt 
Webber 
Mr.  President. 


Those  voting  in  the  negative,  are, 


Mr.  Akin  Mr.  Hogue  Mr.  Pinckney 

Allen  Holmes  Rives 

Atherton  Hurlbut  Robinson 

Bond  Jackson  Roman 

Bosbyshell  Jones  Scates 

Brown  Judd  Servant 

Caldwell  Kenner  Sharpe 

Canaday  S.  Kinney  Sibley 

F.  S.  Casey  A.  R.  Knapp  Sim 

Z.  Casey  Knowlton  J;  Smith 

Choate  Kriox  Swan 

D.  Davis  Lasater  Thomas 

J.  M.  Davis  Lemon  Thornton 

Dawson  •         Linley  Turnbull 

Dummer  Lockwood  Turner 

Dunsmore  Loudon  Tuttle 

Eccles  McCallen  Vance 

C.  Edwards  McCully  Vernor 

Graham  F.  S.  D.  Marshall  West 

Geddea  Mason  Williams 

H.  R.  Green  Mieure  Witt 

P.  Green  Miller  Whiteside 

W.  B.  Green  Minshall  Whitney 

Harding  Moffett  Woodson 

Harper  Moore  Worcester. 

Hayes  H.  D.  Palmer 

The  question  was.  taken  on  the  adoptioa  of  the  6th  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

Mr.  Armstrong  moved  to  amend  the  7th  section  by  striking  out  the 
word  "twelve,"  in  the  first  line,  and  by  inserting  the  word  "nine"  in  lieu 
thereof. 

Mr.  Scates  called  for  a  division  of  the  question,  so  as  to  vote  first  on 
striking  out. 

The  question  was  taken,  and  the  convention  refused  to  divide  the  qaes- 
tion. 

The  question  was  taken  on  the  amendment  proposed  by  Mr.  Armstrong, 
and  decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  7th  section,  as  amended, 
and  decided  in  the  affirmative. 

The  question  was  consecutively  taken  on  the  adoption   of  the  8th  and 
l)th  sections,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Woodson, 

The  tenth  section  was  amended  by  striking  out  the  word  "hold,"  in  the 
fourth  line,  and  by  inserting  in  lieu  thereof  the  words  "be  eligible  to." 

Mr.  Scates  moved  to  amend  the  10th  section  by  striking  out  the  words 
"nor  the  United  States,"  in  the  4th  line,  and  by  striking  out  all  after  the 
word  thereafter,"  in  the  5th  line. 


398 


JOURNAL  OF  THE  CONVENTION.       [August  18. 


The  question  was  taken,  and  decided  in  the  negative. 
On  motion  of  Mr.  Thomas, 

The  same  section  was  amended  by  inserting  after  the  word  ''trust,"  in 
the  fourth  line,  the  words  "or  profit." 

Mr.  C.  Edwards  moved  to  strike  out  the  words  ''twelve  hundred,"  in  the 
first  line  of  the  same  section,  and  to  insert  in  iieu  thereof,  the  words  "fif- 
teen hundred." 

Mr.  Rountree  called  for  a  division,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  and  the  convention  refused  to  order  a  division. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 


And  decided  in  the  negative, 


(Yeas, 
{Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Anderson 
Ballingall 
Bosbyshell 
Brown 
T.  Campbell 
Choate 
Church 
D.  Davis 
Dummer 
C.  Edwards 
H.  R.  Green 
W.  B.  Green 
Gregg 


Mr.  Grimshaw 
Heacock 
Hurlbut 
Judd 

S.  Kinney 
A.  R.  Knapp 
Knowlton 
Knox 
Lockwood 
Mason 
Minshall 
Peters 
Pinckney 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Bond 
Brockman 
Caldwell 
J.  M.  Campbell 
Canaday 
Carter 
F.  S.  Casey 
Z.  Casey 
Churchill 
Constable 
Grain 

R.  J.  Cross 
Dale 

J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dunlap 
Dunsmore 
Eccles 


Mr.|N.  W.  Edwards 

Farwell 

Frick 

Graham 

Geddes 

P.  Green 

Harding 

Harlan 

Harper 

Harvey 

Hatch 

Hawley 

Hayes 

Henderson 

Hill 

Hoes 

Hogue 

Hunsaker 

Huston 

Jackson 

James 

Jenkins 

Jones 
v      Kenner 

N.  M.  Knapp 

Kreider 

Lander 

Lasater 


44 
104 


Mr.  Powers 
Pratt 
Roman 
Servant 
Sharpe 
Sibley 
Singleton 
Swan 
Thomas 
Thompson. 
Webber 
Williams 
Worcester. 


Mr.  Laughlin 
Lemon 
Linley 
Logan 
McCallen 
Me  Cully 
McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 
Miller 
Moffett 
Moore 
Morris 
Nichols' 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Rives 
Robbins 
Robinson 
Rountree 
Scates 
Shields 


August  18.]       JOURNAL  OF  THE  CONVENTION. 


399 


Mr.  Shumway 
Siin 

Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 


Mr.  Thornton 
Trower 
Tnrnbull 
Turner 
Tutt 
Tuttle 
Vance 


Mr.  Vernor 
West 
Witt 

Whiteside 
Whitney 
Woodson 
Mr.  President. 


Mr.  Hogue  moved  to  amend  the  same  section,  by  striking  out  the  words 
"twelve  hundred,"  in  the  first  line,  and  to  insert  in  lieu  thereof  the  words 
"one  thousand. " 

A  division  being  called  for,  the  question  was  taken,  and  the  convention 
refused  to  order  a  division. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 


And  decided  in  the  negative. 


<Yeas, 

(Nays, 


50 

86 


Those  voting  in  the  affirmative,  are, 


Mr.  Armstrong 
At  he  no  n 
Blakely 
Bond 
Brockman 
J.  M.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 
Grain 
Dale 

J.  M.  Davis 
Eccles 

N.  W.  Edwards 
Frick 
Harlan 
Hoes 


Mr.  Hogue 
Hunsaker 
James 
Jenkins 
Jones 
Judd 
Kreider 
Lasater 
Laughlin 
Lemon 
McCully 
McHatton 
Manly 
Markley 
Mieure 
Moffett 
Morris 


Mr.  Nichols 
Oliver 
Pace 

H.  D.  Palmer 
Rives 
Rountree 
Scates 
Shields 
Shumway 
Sim 

Simpson 
J.  Smith 
Trower 
Tutt 
Vernor 
Witt. 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Ballingall 
Blair 

Bosbysheli 
Brown 
Cal  dwell 
T.  Campbell 
Canady 
Choate 
Church 
Churchill 
Constable 
R.  J.  Cross 
D.  Davis 
T.  G.  C.  Davis 
Deitz 


Mr.  Dummer 
Dunlap 
Dunsmore 
C.  Edwards 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Gregg 
Grimshaw 
Harding 
Harper 
Hatch 
Hawley 
Hayes' 
Heacock 
Henderson 
Hill 
Hurlbut 


Mr.  Huston 
Jackson 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Linley 
Lockwood 
Logan 
McCallen 
McClure 

F.  S.  D.  Marshall 
Mason 
Miller 
Minshall 
Moore 

J.  M.  Palmer 
Peters 


400 


JOURNAL  OF  THE  CONVENTION.      [August  IS. 


Mr.  Pinckney 
Powers 
Pratt 
Bobbins 
Eobinson 
Roman 
Servant 
Sharpe 
Sibley 


Mr.  Spencer 
Stadden 
Swan 
Thomas 
Thompson 
Thornton 
Turnbull 
Turner 
Tuttle 


Mr.  Vance 
Webber 
West 
Williams 
Whiteside 
Whitney 


Worcester 
Mr.  President. 


Mr.T.  Campbell  moved  to  amend  the  same  section  by  striking  out  al 
after  the  words  "and  no  more,"  in  the  third  line. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  th< 
amendment, 

tYeas,         ...  25 


And   decided  in  the  negative, 
Those  voting  in  the  affirmative,  are3 


iNays, 


110 


Mr.  Akin 

Anderson 

Archer 

Armstrong 

Ballingall 

Blair 

Blakely 

Brockinan 

Brown 


Mr.  T.  Campbell 
Gregg 
Hatch 
Henderson 
Hill 

S.  Kinney 
Lasater 
McClure 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Atherton 
Bond 

Bosbyshell 
Caldwell 
J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Choate 
Church 
Churchill 
Constable 
Grain 

R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Bummer 
Dunlap 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Frick 
Graham 
Geddes 
P.  Green 


Mr.  W.  B.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Harvey 
Hawley 
Hayes 
H^acock 


Ho^ue 

Hunsaker 

Hurlbut 

Huston 

Jackson 

James 

Jenkins 

Jones 

Judd 

Kenner 

A.  R.  Knapp 

N.  M.  Knapp 

Knowlton 

Knox 

Kreider 

Lander 

Laughlin 

Lemon 

Linley 

Lock  woo  d 

McCalleu 


Mr.  Markley 

F.  S.  D.  Marshall 

Moffett 

Morris 

Pratt 

Scates 

Vernor 

Webber. 


Mr.  Me  Cully 
McHatton 
Manly 
Mason 
Mieure 
Miller 
Minshall 
Moore 
Nichols 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Pinckney 
Powers 
Rives 
Robbins 
Robinson 
Rountree 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
Singleton 
E.  O.  Smith 
Spencer 
Stadden 


August  18.]        JOURNAL  OF  THE  CONVENTION, 


401 


Mr.  Thomas 
Thompson 
Thornton 
Trovver 
Tim.bull 
Turner 


Mr.  Tutt 
Tuttle 
Vance 
West 
Williams 
Witt 


Mr.  Whiteside 

Whitney 
Woodson 
Worcester 
Mr.  President. 


Mr.  West  moved  to  amend  the  same  section  by  striking  out  the  words 
'one  thousand,'*  in  the  second  and  third  lines,  and  to  insert  in  lieu  there- 
of the  words  "twelve  hundred." 
On  motion, 

The  previous  question  was  ordered. 

The  question    was  taken,  by  yeas  and  nays,   on  the  adoption    of  the 
amendment, 


And  decided  in  the  negative 


Those  voting  in  the  affirmative,  are, 


35 
101 


ifr.  Anderson 
Armstrong 
Ballingall 
Bosbyshell 
T.  Campbell 
Choate 
Church 
Colby 
Dunlap 
W.  B.  Green 
Gregg 
Grimshaw 


Mr.  Hatch 
Heacock 
Hoes 
Hurlbut 
Judd 

Knowlton 
Lockwood 
Mason 
Minshall 
Moore 
Peters 
Pinckney 


Those  voting  in  the  negative,  are, 


dr.  Adams 
Akin 
Allen 
Archer 
Atherton 
Blair 
Blakely 
Bond 
Brockman 
Brown 

J.  M.  Campbell 
Canady 
Carter 
F.  S.  Casey 
Z.  Casey 
Churchill 
Constable 
Crain 

R.  J.  Cross 
Pale 

D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 


Mr.  Dunsmore 
Eccles 

N    W.   Edwards 
Fnck 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Harding 
Harlan 
Harper 
Harvey 
Hawley 
Hayes 
Henderson 
Hill 
Hogue 
Hunsaker 
Huston 
Jackson 
James 
Jenkins 
Jones 
Kenner 
A.  R.  Knapp 


Mr,  Powers 
Pratt 
Roman 
Servant 
Sharpe 
SibJey 
Swan 
Webber 
West 
Williams 
Mr.  President. 


Mr.  N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Lemon 
Linley 
Logan 
McCailen 
McCully 
McClure 
IVJcH.tt  ton 
Manly 
Markley 

F.  S.  D.  Marshall 
Mieure 
Miller 
Motfttt 
Morris 
Nichols 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Rives 


26 


402  JOURNAL  OF  THE  CONVENTION.        [August  18. 

Mr.  Bobbins                               Mr.  J.  Smith  Mr.  Tattle 

Kobinson                                      Spencer  Vance 

Rountree                                      Stadden  Vernor 

Scates                                           Thomas  Witt 

Shields                                          Thornton  Whiteside 

Shumway                                     Trower  Whitney 

Sim                                               Turnbull           .  Woodson 

Simpson                                        Turner  Worcester. 
E.  O.  Smith                              Tutt 

The  question  was  taken  on  the  adoption  of  the  10th  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

On  motion  of  Mr.  Constable, 

The  last  vote  was  reconsidered. 

On  motion  of  Mr.  Armstrong,  * 

The  vote  ordering  the  main  question  was  reconsidered. 

The  question  was  taken  on  ordering  the  main  question,  and  decided  in 
the  negative. 

On  motion  of  Mr.  Lock  wood, 

The  same  section  was  amended  by  inserting  the  words  "per  annum," 
after  the  word  "dollars,"  in  the  third  line. 

Mr.  H.  D.  Palmer  moved  to  amend  the  same  section  by  striking  out 
the  words  "one  thousand,"  in  the  second  and  third  lines,  and  to  insert  in 
lieu  thereof,  the  words  "eight  hundred." 

The  question,  was  taken,  by  yeas  and  nays^  on  the  adoption  of  the 
amendment, 

And  decided  in  the  negative,  \  v  aSj 

(i\ays,  ..... 

Those  voting  in  the  affirmative,  arc, 

Mr.  Atherton                              Mr.  Hunsaker  Mr.  Morris 

Biakely                                         James  Oliver 

Bonds                                           Jenkins  H.  D.  Palmer 

J.  M,  Campbell                          Jones  Robbins" 

JF.  S.  Casey                                Judd  Rounlree 

Z.  Casey    '                                 Knox  .  Shields 

Crain     '                                        Lasater  Shumvvay 

J.  M.  Davis                                Lemon  Sim 

Eccles                                          McHatton  Simpson 

Frick                                             Markley  Singleton 

Harlan                                           Mieure  Vernor 

Hogue                                          Motfett  Whiteside. 

Those  voting  in  the  negative,  are, 

Mr.  Adams                                 Mr,  T.  Campbell  Mr.  Deitz 

Akin                                              Canady  Dummer 

Alien                                             Carter  Dunlap 

Anderson                                    -Choate  Dunsrnore 

Archer                                          Church  C.  Edwards 

Armstrong                                    Colby  N.  W.  Edwards 

Ballingall                                     Constable  Graham 

Blair                                              R-  J-  Cross  Geddes 

Bosbyshell                                 Dale  H.  R.  Green 

Brockman                                    D.   Davis  P.  Green 

Brown                                         T.  G.  C.  Davig  W.  B.  Green 

Caldwell                                    Dawson  Gregg 


August  18.]         JOURNAL  OP  THE  CONVENTION. 


403 


Mr.  Grimshaw 
Harding 
Harper 
Harvey 
Hatch 
Hawley 
Hayes* 
Heacock 
Henderson 
Hill 
Holmes 
Hurlbut 
Huston 
Jackson 
Ke  nner 
S.  Kinney 
A.   K.  Knapp 
N.  M.  Knapp 
Knowlton 
Kreider 
Lander 
La  ugh  1  in 
Linley 


Mr.  Lockwood 
Logan 
McCallen 
McClure 
Manly 

F.  S.  D.  Marshall 
Mason 
Miller 
Minshall 
Moore 
Nichols 
Pace 

J.  M.  Palmer 
Peters 
Pinckney 
Powers 
Pratt 
Rives 
Robinson 
Roman 
Scates 
Servant 


Mr.  Sharpe 
Sibley 
J.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Webber 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester 
Mr.  President. 


r.  Singleton  moved  to  amend  the  same  section  by  inserting  after  the 
1  <bnot,"  in  the  fourth  line^  the  words  "be  twice  in  succession  elected 


Mi 

word 
to,  nor." 

On  motion, 

The  previous  question  was  ordered. 

The  question  was  taken,   by  yeas  and  nays,  on   the  adoption  of  the 
amendment, 


And  decided  in  the  negative,        )i>jeaS> 


33 
102 


Those  voting  in  the  affirmative,  are, 


Mr.  Constable 
Grain 
D.  Davis 
J.  M.  Davis 
Duiilap 

N.  W.  Edwards 
Far  well 
H.  R.  Green 
W.  B.  Green 
Gre-rg 
Harlan 


Mr.  Hayes 
Hunsaker 
James 
Jenkins 
Judd 
Ken  net 
S.  Kinney 
.  Kreider 
Lockwood 
Loudon 
McCallen 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Armstrong 
Attierton 
Balliugall 
Bond 
Brockman 


Mr.  Brown 

Caldwell    . 

J.  M.  Campbell 

T,  Campbell 

Canady 

Carter 

F.  S.  Casey 

Z.  Casey 

Choate 

Church 


Mr.  Mieure 
Miller 
Peters 
Scates 
Sim 

Singleton 
J.  Smith 
Williams 
Witt 

Whiteside 
Woodson. 


Mr.  Churchill 
Colby 

R.  J.  Cross 
Dale 
Dawson 
Deitz 
Duminer 
Dunsmore 
Eccles 
C.  Edwards 


404  JOURNAL  OF  THE  CONVENTION.        [August  18. 

Mr.  Evey  Mr.  Laughlin  Mr.  Rountree 

Frick,  Lemon  Servant 

Graham  Linley  Sharpe 

Geddes  Lo<ran  Shields 

P.  Green  McCully  Shumway 

Grimshaw  McClure  Sibley 

Harding  McHatton  Simpson 

Harper  Markley  E.  O.  Smith 

Harvey  F.  S.  D.  Marshall  Spencer 

Hatch  Mason  Stadden 

Hawley  Minshall  Swan 

Heacock  Moffett  Thomas 

Henderson  Moore  Thornton 

Hill  Morns  Trower 

Hogue  Oliver  Turn  bull 

Holmes  Pace  Turner 

Hurlbut  H.  D.  Palmer  Tutt 

Huston  J.  M.  Palmer  Tuttle 

Jones  Pinckney  Vance 

A.  R.  Knapp  Pratt  Vernor 

N.  M.  Knapp  Rives  Webber 

Knowlton  Robbins  West 

Knox  Robin?on  Worcester 

Lander  Roman  Mr.  President. 
Lasater 

The  question  was  taken  on  the  adoption  of  the  section  as  amended,  and 
decided  in  the  affirmative. 

On  motion  of  Mr.  Hurl  bat, 

The  llth  section  was  amended  by  striking  out  the  word  "pending,'*  in 
the  second  line,  and  by  inserting  in  lieu  thereof  the  word  "preceding." 
On  motion  of  Mr.  J.  M.  Campbell, 

The  same  section  was  amended  by  striking  out  the  word  "two,"  in  the 
second  line,  and  by  inserting  in  lieu  thereof,  the  word  "fi ve." 
On  motio-n  of  Mr.  K»jnner, 

The  same  section  was  amended  by  striking  out  the  words  "at  the  time 
of  his  election  reside,"  in  the  third  line,  and  by  inserting  in  lieu  thereof, 
the  words  k4for  two  years  next  preceding  his  election,  have  resided." 

Mr.  Markley  moved  to  amend  the  same  section  by  striking  out  the  word 
"five,"  in  the  fifth  line. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr.  Armstrong  moved  to  amend  the  same  section  by  inserting  after  the 
words  "thirty-five"  the  words  k-and  have  not  paid  a  state  or  county  tax." 
On  motion  of  Mr.  11.  J.  Cross, 

The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment, 

And  decided  in  the  negative,  ^eRS?     *         *         "         '11 

^  i\  ays,     •         •         •         •  oo 

Those  voting  in  the  affirmative,  are, 

Mr.  Archer  Mr.  Bosbyshell  Mr.  Choate 
Armstrong                                   Brockman  Churchill 

Ballingall  Brown  Cram 

Blair  Canady  Dunlap 

Blakely  F.  S.  Casey  Eccles 

Bond  Z.  Casey  Evey 


August  18.]         JOURNAL  OF  THE  CONVENTION. 


Mr.  Frick 

VI.  R.  Green 
P.  Green 
•     Harvey 
Hatch 
Hawley 
Heacock 
Henderson 
Hogue 
Hunsaker 


Mr.  James 
Judci 
Kenner 
Kreider 
Lander 
Lemon 
Linley 
Miller 
Moore 
Pace 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Atherton 
J.  M.   Campbell 
T.  Campbell 
Carter 
Church 
Constable 
II.  J,  Cross 
Dale 

D.   Davis 
J.   M.   Davis 


Dettz 

Dumtner 

Dmisinore 

C.  Edwards 

N.  W.  Edwards 

Graham 

Geddns 

W.   B.  Green 


Grimshaw 

Harding 

iiarlan 

Harper 

Hayes 

Hill 


Mr.  Hurlbut 
Huston 
Jenkins 
Jones 
S.  Kinney 
A.  R.  Knapp 
N.  M.   Knapp 
Knowlton 
Kuoi 
Lasater 
Laughlin 
Lockwood 
Lo^an 
Loudon 
McCallen 
McCully 
Me  C  lure 
MeHatton 
Markley 

F.  S.  D.  Marshall 
Mason 
JViieure 
Minshall 
Motfett 
Mori  is 
N.chols 
Oliver 

H.  D.  Palmer 
J.  M.  Palmer 


Mr.  Rives 
Rountree 
Shields 
Sh  urn  way 
Simpson 
Singleton 
J.  Smith 
Sladden 
Wead. 


Mr.  Peters 
Pratt 
Robbins 
Robinson 
Scates 
Servant 
Sibley 
Sim 

E.  0.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Ttttt 
Turtle 
Vance 
Vernor 
Webber 
Williams 
Witt 

Whitesidc 
Whitney 
Woodson 
Worcester 
Mr.  President. 


The  question  was  taken  on  the  adoption  of  the  llth  section  as  amend- 
ed, and  decided  in  the  affirmative. 

Mr.  Logan  moved  to  amend  the  report  by  adopting  the  following  addi- 
tional sections: 

SECTION  — .  County  judges,  clerks,  sheriffs,  and  other  county  officers  for 
wilful  neglect  of  duty  or  misdemeanor  in  office,  shall  be  liable  to  present- 
ment or  indictment  by  a  grand  jury  and  trial  by  a  petit  jury,  and  upon  con- 
viction sh'ill  be  removed  from  office. 

SEC.  — .  The  election  of  all  officers  and  the  filling  of  all  vacancies  that 
may  happen  by  death,  resignation  or  removal,  not  otherwise  directed  or 
provided  for  by  this  constitution,  shall  be  made  in  such  manner  as  the  le- 
gislature shall  direct;  Provided,  that  no  such  officers  shall  be  elected  by  the 
legislature. 

»Srcc.  — .  The  first  election  for  justices  of  the  supreme  court  and  judges 
of  the  circuit  courts  shall  be  held  on  the  first  Monday  of  after  the 

adoption  of  this  article. 


406  JOURNAL  OF  THE  CONVENTION.        [August  18. 

SEC.  — .  The  second  election  for  one  justice  of  the  supreme  court  shall 
be  held  on  the  first  Monday  of  March,  Ib52,  and  every  three  years  there- 
after an  election  shall  be  held  for  one  justice  of  the  supreme  court. 

SEC. — .  On  the  first  Monday  of  March,  1855,  and  every  sixth  year 
thereafter,  an  election  shall  be  held  for  judges  of  the  circuit  courts;  Pro- 
vided, whenever  an  additional  circuit  is  made,  such  provision  may  be  made 
as  to  hold  the  second  election  of  such  additional  judge  at  the  regular  elec- 
tion herein  provided." 

Mr.  Wead  moved  the  following  as  a  substitute  for  the  first  section  of 
the  proposed  amendment: 

"SEC.  — .  The  legislature  shall  provide  by  law  for  what  cause  and  in 
what  manner  the  judges  of  the  county  courts  of  this  state,  the  clerks  of 
courts,  justices  of  the  peace,  and  prosecuting  attorneys,  and  all  other  offi- 
cers, may  be  removed  from  office." 

The  question  was  taken  and  the  substitute  rejected. 

On  motion  of  Mr.  Lock  wood, 

The  fourth  and  fifth  sections  of  the  amendment  were  amended  by  stri- 
king out  the  word  "March,"  and  inserting  the  word  "June"  in  lieu  of  it. 

IV] r.  Scates  moved  to  fill  the  blank  in  the  third  section  of  the  amend- 
ment with  the  word  and  figures  "October,   1848." 
Mr.  I).  Davis  moved  "August,  1848." 

The  question  was  taken  on  the  motion  of  Mr/Scates,  and  decided  in  the 
negative. 

The  question  was  taken  on  inserting  "August,  1848,"  and  decided  in 
the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  blank  sections  as  amend- 
ed; and  decided  in  the  affirmative. 

On  motion  of  Mr.  Lockwood, 

The  twelfth  section  was  stricken  out,  and  the  following  inserted  in  lieu 
thereof: 

"For  any  reasonable  cause,  to  be  entered  on  the  journals  of  each  house, 
which  shall  not  be  sufficient  ground  for  impeachment,  both  justices  of  the 
supreme  court  and  judges  of  the  circuit  court  shall  be  removed  from  office 
on  the  \otc  of  two  thirds  of  the  members  elected  to  each  branch  of  (he 
general  assembly;  Provided,  always,  that  no  member  of  either  house  of  the 
general  assembly  shall  be  eligible  to  fill  the  vacancy  occasioned  by  such 
removal;  Provided,  also,  that  no  removal  shall  be  made,  unless  the  justice 
or  judge  complained  of  shall  have  been  served  with  a  copy  of  the  com- 
plaint against  him,  and  shall  have  an  opportunity  of  being  heard  in  his 
defence." 

Mr.  P.  Campbell  moved  to  amend  the  same  section  as  amended  by  ad- 
ding  the  following: 

"There  shall  be  elected  in  each  county  in  this  state,  by  the  qualified 
electors  thereof,  a  sheriff,  who  shall  hold  his  office  for  the  term  of  two 
years  and  until  his  successor  shall  be  elected  and  qualified;  Provided)  no 
person  shall  be  eligible  to  the  office  more  than  once  in  four  years." 

Mr.  Wcad  moved  to  amend  the  amendment  by  striking  out  the  word 
"two"  and  inserting  the  word  "four.'7 

The  question  was  taken,  and  the  amendment  to  the  amendment  rejected. 
Mr.  Akin  moved   to  amend  the  amendment  by  adding  the   following 
proviso: 


August  IS.]       JOURNAL  OF  THE  CONVENTION.  4G? 

o  -* 

"Provided)  that   tbis  convention  hereby  declare  thai  the  people  of  this 
state  are  not  competent  to  choose  their  own  officers." 
Mr.  Bond  moved  to  lay  the  proviso  on  the  table. 

On  motion  of  Mr.  Pratt, 
The  main  question  was  ordered. 
The  question  was  taken  and  the  proviso  rejected. 

On  motion, 
The  convention  adjourned  until  three  o'clock,  P.  M. 


THREE  O'CLOCK,  P.  M. 


Convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  Witt, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,  when  it  appeared  that  Messrs. 
Hunsen,  Butler,  Canaday,  S.  J.  Cross,  Dement,  Edmonson,  H.  R.  Green, 
Grimshaw,  Heacock,  Hoes,  Knowlton,  Matheny,  and  Webber  were  ab- 
sent —  13. 

Mr.  N.  M.  Knapp  moved  to  dispense  with  further  proceedings  under 
the  call. 

The  question  was  taken,  and  the  convention  refused  to  dispense  with 
farther  proceedings  under  the  call. 

After  some  further  time  spent  in  the  call, 
On  motion  of  Mr.  Lemon, 

Further  proceedings  under  the  crtll  were  dispensed  with. 

The  convention  resumed  the  consideration  of  the  report  of  the  select 
co  n-nittce  of  t  \venfcy-s3ve.i  on  the  judiciary  department. 

The  question  panjin^  wlien  the  convention  adjourned  this  morning,  was 
on  the  ainendmerit  ottered  by  T.  Campbell  to  the  twelfth  section  as 
amended. 

Mr.  West  moved  to  arscnd  the  amendment  by  inserting  the  words 
*'four  years  in  any  term  of  six  years." 

The  question  was  taken,  by  yeas  q,ad  nays,  on  the  adoption  of  the  amend- 
ment to  the  amendment, 


And  decided  in  the  negative,        ix^8'       * 

{i\ays,       •         .         •         •  y«> 

Those  voting  in  the  affirmative,  are, 

Mr.  Anderson  Mr.  Harper                                 Mr.  Knox 

Armstrong  Hawley  Kreider 

Bosbyshell  Hay    *  Laughlin 

Brockrnan  Hayes  McCallen 

R.  J.  Cross  Huston  McCully 

D.  Davis  Jackson  McClure 

Deitz  James  McHatton 

Dumnaer  Kenner  Manly 

Dunlap  S.  Kinney  Markley 

C.  Edwards  A.  R.  Knapp  F.  S.  D.  Marshall 


408 


JOURNAL  OF  THE  CONVENTION.       [Angus!  18. 


Mr.  Mason 

Mr.  Shields 

Mr.  Vance 

Mieure 

Simpsoa 

Vernor 

Nichols 

Stadden 

West 

J.  M.  Palmer 

Swan 

Whiteside 

Roman 

Thompson 

Worcester. 

Servant 

Turner 

Those  voting  in  the  negative,  are, 

Mr.  Adams 

Mr.  P.  Green 

Mr.  Morris 

Akin 

W.  B.  Green 

Oliver 

Allen 

Gregg 

Pace 

Archer 

Grimshavy 

H.  D.  Palmes- 

Ballingal! 
Blair 

Harding 
Harlan 

Peters 
Pinckney 

Bond 

Harvey 

Powers 

Brown 

Hatch 

Pratt 

Cal  dwell 

Henderson 

Rives 

J.  M.  Campbell 

Hill 

Robbins 

T.  Campbell 

Hogue 

Robinson 

Carter 

Holmes 

Scates 

F.  S.  Casey 

Hunsaker 

Shumway 

Z.  Casey 

Hurlbut 

Sibley    ' 

Choate 

Jones 

Sim 

Church 

Judd 

Singleton 

Colby 

N.  M.  Knapp 

E.  O.  Smith 

Constable 

Knowlton 

J.  Smith 

Grain 

Knox 

Spencer 

J.  M.  Davis 

Lander 

Thomas 

Dawson 

Lasater 

Thornton 

Dunn 

Lemon 

Trower 

Dunsmore 

Linley 

Tutt 

Eccles 

Lockwood 

Tuttle 

N.  W.  Edwards 

Logan 

Wead 

Evey 

Loudon 

Webber 

Farwell 

T.  A.  Marshall 

Williams 

Frick 

Miller 

Witt 

Graham 

Minshall 

Whitney 

Geddes 

Moffett 

Woodson 

H.  R.  Green 

Moore 

Mr,  President. 

The  question  was   t; 

iken,   by  yeas  and  navs, 

on  the  adoption 

of  the 

amendment,  proposed 

by  Mr.  T.  Campbell,  * 

And  decided  in  the 

affirmative,  \w 

. 

101 
46 

Those  voting  in  the 

affirmative,  are, 

Mr.  Adams 

Mr.  Carter 

Mr.  Dunlap 

Anderson 

F.  S.  Casey 

Dunn 

Archer 

Z.  Casey 

Dunsmore 

Armstrong 

Choate 

C.  Edwards 

Atherton 

Church 

N.   W.  Edwards 

Bauingall 

Churchill 

Farwell 

Blair 

Colby 

Frick 

Blakely 

Constable 

Graham 

Bond 

Grain 

Geddes 

Bosbyshell 

R.  J.  Cross 

H.  R.  Green 

Browu 

J.  M.   Davis 

W.  B.  Green 

Caldwell 

Dawson 

Gregg 

J.  M.  Campbell 

Deitz 

Grimshaw 

T.  Campbell 

Dummer 

Harlau 

August  18.]      JOURNAL  OF  THE  CONVENTION. 


409 


Mr.  Harvey 
Hawley 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Holmes 
Hunsaker 
Hurlbut 
Huston 
James 

N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lockwood 
Lo^an 
London 
McHatton 


Mr.  Markley 

F.  S.  D.   Marshall 

T.  A.  Marshall 

Miller 

M  ins  hall 

Moftett 

Moore 

Morris 

Nichols 

H.  D.  Palmer 

Peters 

Pinckney 

Pratt 

Rives 

Robbins 

Robinson 

Rouncree 

Scales 

Sharpe 

Shields 


Those  voting  in  the  negative,  are, 


Mr. 


Akin 

Allen 

Brockman 

Dale 

D.  Davis 

Eccles 

Evey 

P.  Green 

Harding 

Hurper 

Hatch 

Hay 

Ho^ue 

Jorres 

Judd 

Kenner 


Mr.  S.  Kinney 
A.  R.  Knapp 
Knowlton 
Lasater 
Laughlin 
Lemon 
Linley 
McCallen 
McCully 
McClure 
Manly 
Mason 
Mieure 
Oliver 
Pace 


Mr.  Sibley 
Simpson 
Singleton 
E.  O    Smith 
Spencer 
Stadden 
Thomas 
Thompson. 
Thornton 
Trower 
Tutt 
Vance 
Webber 
\Villiams 
Witt 
Whitney 
Woodson 
Worcester 
Mr.  President. 


Mr.  J.  M.  Palmer 
Powers 
Roman 
Servar.t 
Shu  m  way 
Sim 

J.  Smith 
Swan 
Turnbull 
'I  urner 
Tuttle 
Veriior 


West 
Whiteside. 


Mr.  Scales  proposed  the  following  as  an  additional  section: 

"SEC.  — .  The  clerks  of  the  supreme  and  circuit  courts  and  state's  at- 
;orncys  shall  be  elected  at  the  first  special  election  for  judges.  The  sec- 
>nd  election  for  clerks  of  the  supreme  court  s>h«l'  be  held  on  the  first 
Monday  of  June,  1855,  and  every  sixth  year  thereafter.  The  second 
lection  for  clerks  of  the  circuit  courts  am)  state's  attorneys, shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  of  November,  Ib5'2,  and 
every  fourth  year  thereafter." 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Wead  offered  the  following  as  an  additional  section: 

"SEC.  — .  The  legislature  shall  provide  by  law  for  v\  hat  cause  and  in 
what  manner  the  judges  of  the  county  courts  of  this  state,  the  clerks  of 
courts,  justices  of  the  peace,  and  prosecuting  attorneys,  and  other  county 
officers  may  be  removed  from  office." 

Mr.  Eccles  offered  the  following  as  a  substitute: 

'•There  shall  be  elected  at  the  general  election  in  each  county  in  this 
state  by  the  qualified  electors,  a  coroner  and  surveyor.  Also  in  each 
justice's  district  a  competent  number  of  constables,  who  shall  hold  their 


410  JOURNAL  OF  THE  CONVENTION.       [August 

offices  for  the  term  of  four  years  and   until  their  successors   are  electC' 
and  qualified,  whose  duties  shall  be  prescribed  bylaw." 

The  question  was  taken,  and  the  substitute  rejected. 

The  question  was  taken,  and  the  additional  section  rejected. 

The  question  was  taken  on  the  adoption  of  the  12th  section,  as  amenc 
ed,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Thomas, 

The  report,  as  amended,  was  referred  to  the  commiftee  on  the  Revis 
ion  and  Adjustment  of  the  Articles  of  the  Constitution. 

Mr.  Wead,  from  the  select  committee  raised  on  the  petition  of  John  P 
Boice  and  others  of  Fulton  county,  praying  that  no  banks  may  be  createc 
in  this  state,  &c.  reported  the  following  as  suitable  to  be  engrafted  int( 
the  new  constitution: 

ARTICLE.  — . 

BANJKS. 

SECTION  1.  The  legislature  shall  pass  no  law  creating  any  bank  o 
banks,  or  authorizing  the  issue  of  bank  paper,  and  shall  prohibit  by  ade 
quate  penalties  the  circulation  of  all  bank  paper  in  this  state. 

SEC.  !2.  The  legislature  may  provide  by  law  that  at  the  expiration  o 
ten  years  from  the  adoption  of  this  constitution,  the  qualified  electors  o 
the  state  may  vote  for  and  against  banks;  if  a  majority  of  the  votes  s< 
cast  shall  be  l*/or  banks,"  then  this  article  shall  be  abolished;  if  otherwise 
then  this  article  shall  be  in  force  ten  years  more,  when  the  same  questio 
may  be  again  submitted  in  the  sime  manner, and  with  the  same  effect. 

SEC.  3.  This  article  shall  be  separately  submitted  to  the  qualified  slec 
tors  of  this  state  for  adoption  or  rejection  at  the  same  election,  and  in  th< 
same  manner  with  the  amended  constitution.  If  this  amendment  shal. 
receive  a  majority  of  all  the  votes  cast  for  and  against  it  at  such  election 
then  the  same  shall  become  a  part  of  the  constitution  of  this  state,  and  su 
persede  all  other  provisions  upon  the  same  subject. 

Mr.  Manly  called  for  a  division  so  as  to  vote  on  each  section  separately 

The  question  was  taken,  and  the  convention  refused  to  order  a  division 
On  motion  of  Mr.  J.  M.  Campbell, 

The  previous  question  was  ordered. 

Mr.  Logan  moved  to  reconsider  the  last  vote  taken. 

The  question  was  taken,  and  the  convention  refused  to  reconsider. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  ar- 
ticle, 

And  decided  in  the'negative,       jNfiys' 
Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Bosbyshell  Mr.  Carter 

Allen  Brockman  F.  S.  Casey 

Archer  Brown  ,         Z.  Casey 

Armstrong  Caldwell  Churchill 

Billingall  J.  M.   Campbell  Colby 

Bla»r  T.  Campbell  Constable 


1S.J     JOURNAL  OF  THE  CONVENTION. 


411 


VI r.  Grain 

R.  J.  Cross 

Dale 

Dunn 

Frick 

Henderson 

Hill 

Hogue 

Hunsaker 

Huston 

James 

Jones 

Kreider 

Lasater 

Laughlin 

Linley 

Me  Cully 


Mr.  McClure 
McHatton 
Manly 
Markley 
Moffett 
Moore 
Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Pinckney 
Powers 
Pratt 
Robinson 
Roman 


Those  voting  in  the  negative,  are. 


Adams 

Anderson 

Atherton 

Choate 

Church 

J.  M.  Davis 

Dawson 

Deitz 

Dummer 

Dunlap 

Dunsmore 

Eccles 

C.  Edwards 

N.   W.  Edwards 

Graham 

Geddes 

H.  R.  Green 

P.  Green 

W.  B.  Green 

Gregg 

Grimshaw 

Harding 

Harlan 

Harper 


Mr.  Harvey 
Haich 
Hawley 
Hay 
Holmes 
Hurlbut 
Jackson 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander, 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 


Mr.  Rountree 
Scates 
Shields 
Sim 

Simpson 
J.  Smith 
Stadden 
Thompson 
Trower 
Tutt 
Vernor 
Wfead 
Webber 
Williams 
Whiteside 
Mr.  President. 


Mr,  Mieure 
Miller 
Minshall 
H.  D.  Palmer 
Rives 
Robbins 
Servant 
Sharpe 
Shumway 
Sibley 

E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Turner 
Tuttle 
Vance 
West 
Witt 
Whitney 
Woodson 
Worcester. 


On  motion  of  Mr.  Servant, 

The  report  of  the  committee  on  Commons  was  taken  from  the  table  for 
onsideration. 

"The  question  was  taken  on -the  adoption  of  the  article  reportedly  that 
ommittee,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Servant, 

The  article  was  referred  to  the  committee  on  the  Revision  and  Adjust- 
nent  of  the  Articles  of  the  Constitution. 
On  motion  of  Mr.  Armstrong, 

The  report  of  the  committee  on  Revenue,  as  amended  in  committee  of 
tie  whole,  was  taken  from  the  table. 

Mr.  Hayes  asked  for  leave  to  record  his  vote  on  the  article  reporter!  this 
fternoon  by  Mr.  Wend. 

The  question  was  taken,  and  the  convention  refused  him  leave. 

Mr,  Caldwell  moved  that  the  consideration  of  the  report  of  the  commit- 
ee  on  Revenue  be  postponed  for  the  present. 


412 


JOURNAL  OF  THE  CONVENTION.      {August  1 


The  question  was  taken  and  decided  in  the  negative. 

On  motion, 

The  previous  question  was  ordered. 
The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  thecoi 
mittee  of  the  whole  in  striking  out  the  word  "shall,"  in  the  first  line  oft 
first  section,  and  inserting  in  lieu  thereof  the  word  "may," 

.     *  .         .         90 
42 


f  Yei" 
And  decided  in  the  affirmative,  <XT  l 

(Nays, 


Those  voting  in  the  affirmative,  are. 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bosbyshell 
Brockman 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Carter 
F.  S.  Casey 
Zadok  Casey 
Choate 
Church 
Churchill 
Colby 
R.  J.  Cross 
Dale 

T.  G.  C.  Davis 
Deifz 
Dunn 
Dunsmore 
Evey 
Frick 
Gregg 
Harlan 


Mr.  Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jones 
Ken  tier 
N.  M.  Knapp 
Knox 
Kreider 
Lasater 
Laughlin 
Lemon 
London 
McCallen 
McCully 
Me  Cl  tire 
McHatton 
Manli 


manly 
Markle 


Kley 
T.  A.  Marshall 
Mieure 


Those  voting  in  the  negative,  are, 


Mr.  Brown 
Canaday 
D.  Davis 
Dawson 
Dmnmer 
Duulap 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Graham 
Geddes 
H.  R.  Green 
P.   Green 
Grimshaw 


Mr.  Harding 
.   Harper 
Holmes 
Judd 

S.  Kinney 
A.  R.   Knapp 
Knowiton 
Lander 
Lock  wood 
Logan 
Mason 
North  cott 
H    D.  Palmer 
Peters 


Mr.  Miller 
Minshall 
Moffett 
Moore 
Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Pinckney 
Powers 
Pratt 
Bobbins 
Roman 
Scates 
Sharpe 
Shumway 
Simpson 
E.  O.  Smith 
Stadden 
Swan 
Thornton 
Trower 
Tutt 
Tuttle 
Vernor 
Wead 
Webber 
West 
Whiteside 
Whitney 
Mr.  President. 


Mr.  Rives 
Rountree 
Servant 
Shields 
Sibley 
Sim 

Spencer 
Thomas 
Turner 
Vance 
Williams 
Witt 

Woodson 
Worcester. 


tgust  18.]        JOURNAL  OF  THE  CONVENTION. 


413 


The  question  was  taken,  by  yeas  and  nays,  on  concurring  with  the  com- 
ttec  of  the  whole  in  the  insertion  of  the  words  "who  are  entitled  to  the 
ht  of  suffrage,"  in  the  second  and  third  lines  of  the  same  section, 


And  decided  in  the  affirmative,     lfjC  *' 


84 
52 


jThose  voting  in  the  affirmative,  are, 


Akin 
Alien 
Anderson 
Archer 
Armstrong 
Ballingall 
Blair 
Blakely 
Eosbyshell 
Brockman 
Brown 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Carter 
"F.  S.  Casey 
Z.  Casey 
Choate 
Churchill 
Colby 
Constable 
Crain 

R.  J.  Cross 
Dale 
Dunlap 
Dunn 
Dunsmore 
Eccles 


Mr.  N.  W.  Ed -yards 
Evey 
Frick 
Graham 
P.  Green 
Gregg 
Hatch 
Hawley 
Hay 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
Huston 
Jacnes 
Jones 
Kenner 
A.  R.  Knapp 
Kreider 
Lasater 
Laughlin 
Loudon 
McCallen 
McCally 
McClure 
McHatton 


Mr.  Manly 
Markley 
Mieure 
Moore 
Morris 
Nichols 
Northcott 
Pace 

J.  M.  Palmer 
Powers 
Pratt 
Robbins 
Roman 
Rountree 
Scates 
Sharpe 
Shields 
Shu  in  way 
Simpson 
Stadden 
Swan 
Turner 
Tutt 
Vernor 
Wead 
Whiteside 
Whitney 
Mr.  President. 


Those  voting  in  the  negative,  are, 


Adams 

Canaday 

Church 

D.  Davis 

J.  M.  Davis 

Dawson 

Deitz 

Du  turner 

C.  Edwards 

Gedde.s 

H.  R.  Green 

Grirnshaw 

Harding 

Harlan 

Harper 

Holmes 

Hurlbut 

Judd 


Mr.  S.  Kinney 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Miller 
Minshall 
Moffett 
Oliver 

H.  D.  Palmer 
Peters 


Mr.  Pinckney 
Rives 
Robinson 
Servant 
Si&ley 
Sim 

E.  O.  Smith 
Spencer 
Thomas 
Thornton 
Trower 
T'lttle 
Vance 
West 
Witt 
Woodson 
Worcester. 


Th*  question  was  taken  on  concurring  with  the  committee  of  the  whole 
striking  out  all  after  the  word  "each,"  in  the  fourth  line,  and  inserting 


414 


JOURNAL  OF  THE  CONVENTION.        [August  13 


in  lieu  thereof  the  words  "when  the  legislature  may  deem  it  necessary,1 
and  decided  in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  fii 
section  as  amended, 


And  decided  in  the  affirmative, 


5  Yeas, 
I  Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Archer 
Armstrong 
Atherton 
Bosbyshell 
Brockman 
Brown 

J.  M.  Campbell 
T.  Campbell 
Canady 
F.  S.  Casey 
Choate 
Church 
Grain 
Dale 
D.  Davis 
J.  M.  Davis 
Deitz 
Dumrner 
Dunlap 
Dunsmore 
Eccles 

N.  W.  Edwards 
Frick 
Graham 
P.  Green 


Mr.  Grimshaw 
Harding 
Harper 
Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Hogue 
Hunsaker 
Hurlbut 
Huston 
N.  M.  Knapp 
Kriox 
Lander 
Laughlin 
Lockwood 
Logan 
McCallen 
McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Minshall 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Ballingall 
Blair 
Caldwell 
Carter 
Z.  Casey 
Churchill 
Colby 
Corfstable 
R.  J.  Cross 
Dawson 
Dunn 

C.  Edwards 
Evey 
Geddes 
H.  R.  Green 
Gregg 


Mr.  Harvey 

Henderson 

Hill 

Holmes 

James 

Jones 

Judd 

Kenner 

S.  Kinney 

A;  II.  Knapp 

Knowlton 

Kreider 

Lasater 

Lemon 

Me  Cully 

McClure 

Markley 

Miller 


79 
51 


Mr.  Moore 
Nichols 
Northcott 
Oliver 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Powers 
Roman 
Rountree 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Swan 
Trower 
Turner 
Tutt 
Tuttle 
Vernor 
Wead 
Witt 

Woodson 
Worcester 
Mr.  President. 


Mr.  Moffett 
Morris 
Pace 
Pratt 
Rives 
Robbins 
Robinson 
Scates 
Servant 
Sharpe 
Shields 
Shumway 
Sibley 
Thomas 
Thornton 
Vance 
W  hilt-side 
Whitney. 


On  motion, 
The  convention  adjourned. 


19.]      JOURNAL  OF  THE  CONVENTION, 


415 


THURSDAY,  AUGUST  19, 1847. 

, 

The  convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Bergen. 
The  journal  of  yesterday  was  read. 

Mr.  Gregg,  from  the  committee  appointed  to  divide  the  state  in  senato- 
ial  ami  representative  districts,  made  the  following  report- 
SECTION  1.  Until  there  shall  be  a  new  apportionment  of  senators  and 
jresentatives,  the  state  shall  be  divided  into  senatorial  and  representa- 
>c  districts,  and  the  senators  and  representatives  shall  be  apportioned 
riong  the  several  districts,  as  follows,  viz: 

1.  The  counties  of  Alexander,  Union,  Pulaski,  Johnson,  Massac,  Pope, 
nd  llardin  shall  constitute  the  first  senatorial  district,  and  shall  be  enti- 

:d  to  one  senator. 

2.  The  counties  of  Gallatin,  Saline,  Williamson,  Franklin,  and  White 
constitute  the  second  senatorial  district,  and   be  entitled   to  one 

iator. 

3.  The  counties  of  Jefferson,  Marion,  Wayne,  and   Hamilton  shall 
institute  the  third  senatorial  district,  and  be   entitled  to  one  senator. 

4.  The  counties  of  Washington,  Perry,  Randolph,  and  Jackson  shall 
institute  the  fourth  senatorial  district,  and  be  entitled  to  one  senator. 

5.  The  counties  of  Saint  Clair   and  Monroe  shall   constitute  the  fifth 
snatorial  district,  and  be  entitled  to  one  senator. 

6.  The  counties  of  Madison  and  Clinton  shall  constitute  the  sixth  sena- 
riul  district,  and  be  entitled  to  one  senator. 

7.  The  counties  of  Christian,  Shelby,  Montgomery,  Bond,  and  Fayette 
all  constitute  the  seventh  senatorial  district,  and  be  entitled  to  one  senator. 

8.  The  counties  of  Eftingham,  Jasper,  Clay,  Richland,  Lawrence,  Ed- 
,rds,  and  Wabash  shall  constitute  the  eighth  senatorial  district,  and  be 

sntitied  to  one  senator* 

9.  The  counties  of  Edgar,  Clark,  and  Crawford  shall   constitute  the 
tilth  senatorial  district,  and  be  entitled  to  one  senator. 

10.  The  counties  of  Vermilion,  Champaign,  Piatt,  Moultrie,  Coles,  and 
fumberland  shall  constitute  the  tenth  senatorial  district,  and  be  entitled 

|o  one  senator. 

11.  The  counties  of  Tazewell,  McLean,  Logan,  De  Witt,  and  Macon 
[hall  constitute  the  eleventh  senatorial  district,  and   be  entitled   to  one 
[senator. 

2.  The  counties  of  Sangamon,  Menard,  and  Mason  shall  constitute 
[the  twelfth  senatorial  district,  and  be  entitled  to  one  senator. 

13.  The  counties  of  Macoupin,  Jersey,  Greene,  and  Calhoun  shall  con- 
jititute  the  thirteenth  senatorial  district,  and   be  entitled  to  one  senator. 

14.  The  counties  of  Morgan,  Scott,  and  Cass  shall  constitute  the  four- 
Iccenth  senatorial  district,  and  be  entitled  to  one  senator. 

15.  The  counties  of  Adams  and  Pike  shall  constitute  the  fifteenth  sena- 
ial  district,  and  be  entitled  to  one  senator. 

16.  The    counties  of  M-cDonough,   Schuyler,  Brown,  and  Highland 
shall  constitute  the  sixteenth  senatorial  district,  and   be  entitled  to  one 

inator. 


416  JOURNAL  OF  THE  CONVENTION.       [August  19. 

17.  The  counties  of  Hancock  and  Henderson  shall   constitute  the  sev- 
enteenth senatorial  district,  and  be  entitled  to  one  senator. 

18.  The  counties  of  Fulton  and  Peoria  shall  constitute  the  eighteenth 
senatorial  district,  and  be  entitled  to  one  senator. 

19.  The  counties  of  Siock  island,  Henry,  Mercer,  Warren,  Knox,  and 
Stark    shall  constitute  the  nineteenth  senatorial  district,  and  be  entitled 
to  one  senator. 

•20.  The  counties  of  La  Salle,  Bureau,  Putnam,   Marshall,  Wood  ford, 
Livingston,  and  Grundy  shall  constitute  the  twentieth  senatorial  district 
and  be  entitled  to  one  senator. 

21.  The  counties  of  Du  Page,  Kendall,  Will,  and  Iroquois  shall  con 
stitute  the  twenty-first  senatorial  district,  and  bo  entitled  to  one  senator 

22.  The  counties  of  Ogle,  Lee,  De  Kalb,  and  Kane  shall  constitute 
the  twenty-second  senatorial  district,  and  be  entitled  to  one  senator. 

23.  The  counties  of  Jo  Daviess,  Stephenson,  Carroll,  and  Whitesidfe 
shall  constitute  the  twenty-third  senatorial  district,  and  be  entitled  to  on< 
senator. 

24.  The  counties  of  McHenry,  Boone,  and  Winnebago  shall  constitute 
the  twenty -fourth  senatorial  district,  and  be  entitled  to  one  senator. 

25.  The   counties  of  Cook  and  Lake  shall  constitute  the  twenty-fifth 
senatorial  district,  and  be  entitled  to  one  senator. 

1.  The  counties  of  Union,  Alexander,  and  Pulaski  shall  constitute  the 
first  representative  district,  and  be  entitled  to  one  representative. 

2.  The  counties  of  Massac,  Pope,  and  Hardin  shall  constitute  the  sec- 
ond'representative  district,  and  be  entitled  to  one  representative. 

3.  The  counties  of  Gallatin   and  Saline  shall  constitute  the  third  rep- 
resentative district,  and  be  entitled  to  one  representative. 

4.  The  counties  of  Johnson  and  Williamson  shall  constitute  the  fourth 
representative  district,  and  be  entitled  to  one  representative. 

5.  The  counties  of  Jackson  and  Franklin  shall  constitute  the  fifth  rep- 
resentative district,  and  be  entitled  to  one  representative. 

G.  The  counties  of  Marion,  Jefferson,  Wayne,  and  Hamilton  shall  con- 
stitute the  sixth  representative  district,  and  be  entitled  to  three  represen- 
tatives; Provided,  that  no  county  in  said  district  shall  have  more  than  one 
of  said  representatives,  and  the  county  from  which  a  senator  shall  be  se- 
lected, shall  not  be  entitled  to  a  representative  residing  in  said  county. 

7.  The  county  of  White  shall  constitute  the  seventh  representative  dis- 
trict, and  be  entitled  to  one  representative. 

8.  The  counties  of  Wabash  and   Edwards  shall  constitute  the  eighth 
representative  district,  and  be  entitled  to  one  representative. 

9.  The  counties  of  Lawrence  and  Richland  shall  constitute  the  ninth 
representative  district,  and  be  entitled  to  one  representative  distiict.. 

10.  The  counties  of  Crawford  and  Jasper  shall  constitute  the  tenth  rep- 
resentative district,  and  be  entitled  to  one  representative. 

11.  The  county  ot  Coles  shall  the  eleventh  representative  district,  and  be 
entitled  to  one  representative. 

12.  The  county  of  Clark  shall  constitute  the  twelfth  representative  dis-jj 
trict,  and  be  entitled  to  one  representative. 


August  19.]         JOURNAL  OF  THE  CONVENTION.  417 

13.  The  counties  of  Cumberland,   Effingham,  and  Clay  shall  constitute 
the  thirteenth  representative  district,  and   be  entitled  to  one  representa- 
tive. 

14.  The  county  of  Fayette  shall  constitute  the  fourteenth  representa- 
tive district,  and  be  entitled  to  one  representative. 

15.  The  counties  of  Montgomery,  Bond  and  Clinton  shall  constitute  the 
fifteenth  representative  district,  and  be  entitled  to  two  representatives, 

10.  The  counties  of  Washington  and  Perry  shall  constitute  the  sixteenth 
representative  district,  and  be  entitled  to  one  representative. 

17.  The  county  of  Randolph  shall  constitute  the  seventeenth  represen- 
tative district,  and  be  entitled  to  one  representative. 

18.  The  county  of  Monroe  shall  constitute  the  eighteenth  representa- 
tive district,  and  be  entitled  to  one  representative. 

19.  The  county  of  St,  Glair  shall  constitute  the  nineteenth  represen. 
lative  district,  and  be  entitled  to  two  representatives. 

20.  The  county  of  Madison  shall  constitute  the  twentieth    representa- 
tive district,  and  be  entitled  to  two  tepresentatives. 

21.  The  county  of  Macoupln  shall  constitute  the  twenty-first  representa- 
tive district,  and  be  entitled  to  one  representative. 

22.  The  county  of  Jersey  shall  constitute  the  twenty -second  represen- 
tative district,  and  be  entitled  to  one  representative. 

23.  The  county  of  Greene  shall  constitute  the  twenty-third  representa- 
tive district,  and  be  entitled  to  one  representative. 

24.  The  county  of  Scott  shall  constitute  the  twenty-fourth  representa- 
tire  district,  and  be  entitled  to  one  representative. 

25.  The  county  of  Morgan  shall  constitute  the  twenty-fifth  representa- 
tive district,  and  be  entitled  to  two  representatives. 

26.  The  counties  of  Cass  and  Menard shall  constitute  the  twenty-sixth 
representative  district,  and  be  entitled  to  one  representative. 

27.  The  county  of  Sangamon  shall  constitute  the  twenty-seventh  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

28.  The  counties  of  Mason  and  Logan  shall  constitute  the  twenty-eighth 
representative  district,  and  be  entitled  to  one  representative. 

29.  The  county  of  Tazewell  shall  constitute  the  twenty-ninth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

30.  The  counties  of  McLean  and  De  Witf  shall  constitute  the  thirtieth 
representative  district,  and  be  entitled  to  one  representative. 

31.  The  county  of  Vermilion  shall  constitute  the  thirty-first  represen* 
tative  district,  and  be  entitled  to  one  representative. 

32.  The  county  of  Edgar  shall  constitute  the  thirty -second  representa- 
tive district,  and  be  entitled  to  one  representative. 

33.  The  counties  of  Champaign,  Piatt,  Moultrie  and  Macon  shall  con- 
stitute  the  thirty -third  representative  district,  and   be  entitled  to  one  re- 
presentative. 

34.  The  counties  of  Shelby  and  Christian  shall  constitute  the   thirty- 
fourth  representative  district,  and  be  entitled  to  one  representative. 

35.  The  counties  of  Pike  and  Calhoun  shall   constitute  the  thirty-fifth 
representative  district  and  be  entitled  to  two  representatives. 

36.  The  counties  of  Adams,  Highland  and  Brown  shall  constitute   the 
thirty-sixth  representative  district,  and  be  entitled  to  three  representatives. 

27 


418  JOURNAL  OF  THE  CONVENTION.       [August  19 

37.  The  county  of  Schuylcr  shall  constitute  the  thirty -seventh   repre- 
sentative district,  and  be  entitled  to  one  representative. 

38.  The  county  of  Hancock  shall  constitute    the  thirty-eighth   feprc 
sentutive  district,  and  be  entitled  to  two  representatives. 

39.  The  county  of  McDonough  shall  constitute   the  thirty-ninth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

40.  The   county  of  Fulton  shall  constitute  the  fortieth  representative 
district,  and  be  entitled  to  two  representatives. 

41.  The  county  of  Peoria  shall  constitute  the  forty-first   representative 
district,  and  be  entitled  to  one  representative. 

42.  The  county  of  Knox  shall  constitute  the  forty-second   representa- 
tive district,  and  be  entitled  to  one  representative. 

43.  The  counties  of  Mercer,  Warren  and  Henderson   shall  constitute! 
the  forty  -third  representative  district,  and  be  entitled  to   two  representa- 
tives. 

44.  The  counties  of  Rock  Island,  Henry  and  Stark   *hall  constitute  th<_ 
forty-fourth  representative  district,  and  be    entitled  to  one    rcpresenta-l 
tive. 

45.  The  counties  of  Whitcside  and  Lee  shall   constitute  the  forty-fiftl 
representative  district,  and  be  entitled  to  one  representative. 

46.  The  counties  of  Carroll  and  Ogle  shall    constitute  the   forty-sixth 
representative  district,  and  be  entitled  to  one  representative. 

47.  The  counties  of  Jo  Daviess   and  Stephenson    shall   constitute  the) 
forty-seventh  representative  district,  and  be  entitled  to  two  representatives] 

48.  The  county  of  Winnebago  shall  constitute  the  forty-eighth   repre-j 
scntativedistrict,  and  be  entitled  to  one  representative. 

49.  The  counties  of  Putnam,  Marshall  and    Woodford  shall  constitut 
the  forty-ninth  representative  district,  and  be  entitled  to  one  representa 
tivc. 

50.  The  counties  of  La  Salle,  Grundy,   Livingston  and  Bureau    sha 
constitute  the  fiftieth  representative  district,  and  be  entitled  to  two  repre 
sentatives. 

51.  The  counties  of  Du  Page,  Kendall,  Will  and  Iroquois  shall  constitut 
the  fifty  first  representative  district,  and   be  entitled  to  three  representa 
tives. 

54.  The  counties  of  Kane  arid  De.Kalb  shall  constitute  the  fifty-second 
representative  district,  and  be  entitled  to  two  representatives. 

53.  The  counties  of  Boone  and  McHerrry  shall  constitute  the   fifty 
third  representative  district,  and  be  entitled  to  two  representatives. 

54.  The  county  of  Lake  shall  constitute  the  fifty- fourth  representativ 
district,  and  be  entitled  to  one  representative. 

55.  The  county  of  Cook  shall  constitute  the  fifty -fifth  representative 
district,  and  be  entitled  to  two  representative^ 

SEC.  2.  Until  the  general  assembly  shall  otherwise  provide,  the  clerk 
of  the  county  commissioners'  courts  in  each  of  the  aforesaid  senatorial  dis 
tricts,  and  in  such  of  the  said  representative  districts  as  mny  be  ccmpcsedo 
more  than  one  county,  shall  meet  at  the  county  seat  of  the  oldest  count 
in  said  district,  within  thirty  days  next  after  any  election  for  senator  or  re 
presentative  therein,  for  the  purpose  of  comparing  and  canvassing  the^vote 
given  at  such  election, and  the  said  clerks  shall  in  all  other  respects  con 


August  19.]      JOURNAL  OF  THE  CONVENTION.  419 

form  to  the  laws  on  the  subject,  in  force  at  the  time  of  the  adoption  of 
this  constitution. 

Mr.  Knowlton  moved  to  lay   the  report  on   the   table,  and  order  the 
printing  of  250  copies  for  the  use  of  the  convention. 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  T.  G.  C.  Davis  moved  a  reconsideration  of  the  vote  last  taken. 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  C.  Edwards  moved  the  printing  of  200  copies  of  the  report. 

On  motion  of  Mr.  Z.  Casey, 
The  report  was  laid  on  the  table. 

The  question  was  taken  on  printing  200  copies,  and  decided  in  the 
affirmative. 

Mr.  Logan  from  the  select  committee  of  nine  appointed  to  divide  the 
state  into  three  grand  divisions,  made  the  following  report: 

SEC.  -.  The  first  grand  division  for  the  election  of  judges  of  the  supreme 
court,  shall  consist,  of  the  counties  of  Alexander,  Pulaski,  Massac,  Pope, 
Hardin,  Gallatin,  Saline,  Williamson,  Johnson,  Union,  Jackson,  Randolph, 
Perry,  Franklin,  Hamilton,  White,  Wabash,  Edwards,  Wayne,  Jefferson, 
Washington,  Monroe,  Saint  Clair,  Clinton,  Marion,  Clay,  RichJand,  Law- 
rence, Crawford,  Jasper,  Effingham,  Fayette,  Bond,  Madison,  Jersey, 
Calhoun,  Cumberland  and  Clark. 

The  second  grand  division  shall  consist  of  the  counties  of  Edgar,  Coles, 
Moultrie,  Shelby,  Montgomery,  Macoupin,  Green,  Pike,  Adams,  High- 
land, Hancock,  McDonough,  Schuyler,  Brown,  Fulton,  Mason,  Cass, 
Morgan,  Scott,  Sangamon,  Christian,  Macon,  Piatt,  Champaign,  Vermil- 
ion, I)e  Witt,  Logan  and  Menard. 

The  third  grand  division  shall  consist  of  the  counties  of  Henderson, 
Warren,  Knox,  Peoria,  Tazcwell,  Woodford,  McLean,  Livingston,  Iro- 
quois,  Will,  Grundy,  Kendall,  La  Salle,  Putnam,  Marshall,  Stark,  Bureau, 
Henry,  Mercer,  Rock  Island,  Whiteside,  Lee,  Carroll,  Jo  Daviess,  Ste- 
phenson,  Winnebago,  Ogle,  De  Kalb,  Boone,  Kane,  McIIenrv,  Lake, 
Cook  and  Du  Page. 

SEC.  — .  The  terms  of  the  supreme  court  for  the  first  division  shall  be 
held  at  Mount  Vernon,  in  Jefferson  county;  for  the  second  division  at 
Springfield, in  Sangamon  county;  for  the  third  division  at  Princeton,  in 
Bureau  county,  until  some  other  place  in  either  division  is  fixed  by  law. 

SEC.  — .  Appeals  and  writs  of  error  may  be  taken  from  the  circuit  court 
of  any  county  to  the  supreme  court  held  in  the  division  which  includes 
such  county,  or  to  the  supreme  court  held  in  the  next  adjoining  division. 

On  motion  of  Mr.  Logan, 

The  report  was  amended  by  striking  the  counties  of  ^Cumberland  and 
Clark1'  from  the  first  grand  division,  and  adding  them  to  the  second 
grand  division. 

On  motion  of  Mr.  Markley, 

The  report  was  laid  on  the  table,  and  250  copies  ordered  to  be  printed 
for  the  use  of  the  convention. 

The  convention  resumed  the  consideration  of  the  report  of  the  com- 
mittee on  Revenue,  as  amended  in  committee  of  the  whole. 

Mr.  WoodsoD,  on  leave,  offered  the  following  as  an  amendment  to  the 


420 


JOURNAL  OF  THE  CONVENTION.        [August 


amendments  of  the  committee  of  the  whole  to  the  second   section,  to   be 
prefixed  to  that  section: 

"The  genera]  assembly  shall  cause  to  be  collected  from  all  free  white 
male  inhabitants  of  this  state  over  the  age  of  twenty-one  years  and  undei 
the  age  of  sixty  years,  a  capitation  tax  of  not  less  than  fifty  cents  nor  mon 
than  one  dollar,  annually,  to  be  applied  as  the  legislature  may  direct;  sai< 
tax  to  continue  until  the  payment  of  the  public  debt  of  the  state. 

"SEC.  — .  At  the  election  to  which  shall  be  submitted  the  constitution 
to  the  people  for  their  ratification  or  rejection,  a  separate  poll  shall  b< 
opened  for  and  against  a  poll  tax,  and  if  a  majority  of  those  voting  on  sak 
question  shall  be  in  favor  of  such  tax,  then  the  foregoing  section  shal 
stand  as  a  part  of  this  constitution  in  lieu  of  the  first  section,  but  if  a  ma 
jority  of  the  votes  polled  shall  be  against  the  poll  tax,  then  the  said  firs 
section  shall  not  be  and  remain  a  part  of  this  constitution." 
On  motion, 

The  previous  question  was  ordered. 

A  division  of  the  question  was  called  for, 

The  question  was  taken,  and  the  convention  refused  to  order  sue 
division. 

The  question  was  taken,  by  jeas  and  nays,  on  the  adoption  of  th 
amendment,  offered  by  Mr.  Woodson, 


And  decided  in  the  negative, 


(Yeas, 

(Nays, 


61 

77 


Those  voting  in  the  affirmative,  are, 


Mr.  Bond 

Bosbyshell 

Brown 

Canady 

R.  J.  Cross 

J).  Davis 

T.  G.  C.Davis 

Dawson 

Deitz 

Dunlap 

Dunsmore 

C.  Edwards 

N.  W.  Edwards 

Graham 

Geddes 

H.  R.  Green 

Grimshaw 

Harding 

Harper 

Hawley 

Hayes 


Mr.  Holmes 
Hurlbut 
Huston 
James 
Judd 

A.  R.  Knapp 
Knowlton 
Knox 
Lander 
Lockwood 
Logan 

F.  S.  D.  Marshall 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
H.  D.  Palmer 


Those  who  voted  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Atherton 


Mr.  Ballingall 
Blair 
Blakcly 
Bunsen 
Caldwell 


Mr.  J.  M.  Palmer 
Rives 
Robinson 
Servant 
Sharpe 
Shields 
Sim 

Spencer 
Thomas 
Thornton 
Turnbuli 
Tuttle 
Wead 
West 
Williams 
Witt 

Whiteside 
Woodson 
Worcester 
Mr.  President. 


Mr.  J.  M.  Campbell 
T.  Campbell 
Carter 
F.  S.  Casey 
Z.  Casey 


August  19.]        JOURNAL  OF  THE  CONVENTION.  421 

IMlr.  Choate                                 Mr.  Hogue  Mr.  Nichols 

Church                                        Hunsaker  Oliver 

Colby                                          Jackson  .        Pace 

Crain                                           Jenkins  Peters 

Dale                                              Jones  Powers 

J.  M.  Davis                               Kenner  Pratt 

Dummer                                      S.  Kinney  Robbins 

Dunn                                           N.  M.  Knapp  Roman 

Eccles                                         Kreider  Scates 

Evey                                           Lasater  Shumway 

Farwell                                       Laughlin  Simpson 

Fnck                                           Lemon  Singleton 

P.  Green                                    Linley  J.  Smith 

W.  B.  Green                               Loudon  Stadden 

Gregg                                          MaCallen  Swan 

Harlan                                         Me  Cully  Trower 

Harvey                                        McCluTe  Turner 

Hatch                                         McHatton  Tutt 

Heacock                                      Manly  Vance 

Henderson                                  Markley  Vernor, 
Hill                                            T.  A.  Marshall 

The  question   was   taken   on  concurring  with   the    committee  of  the 

prhole,  in  the  amendments  made  to  the  2d  section,   and  decided    in  the 
kffinnative. 

The  question  was  taken  on  the  adoption  of  the  2d  section,  as  amended, 
ind  decided  in  the  affirmative. 

Mr.  Woodson,  on  leave,  offered   the  same  amendment,  before  offered 

by  him  this  morning,  modified  by  striking  out  the  word  "not,"  before  the 
.he  last  word  "be,"  to  be  prefixed  to  the  section,  as  an  amendment  to  the 

jimendmenis  of  the  committee  of  the  whole  to  the  second  section. 

|    Mr.  Akin  moved  to  lay  the  amendment  on  the  table. 

The  question  was  taken,  by  yeas  and  nays, 

And  decided  in  the  negative,       ^eas' 

^  i\  ays,  •         •         •         •         /i 

Those  voting  in  the^iffirmativc,  are, 

Mr.  Akin                                    Mr.  Frick  Mr.  McClure 

Allen                                            W.  B.  Green  McHatton 

Anderson                                      Gregg  Manly 

Archer                                           Harlan  Markley                              1 

Armstrong                                    Harvey  Moffett 

Atherton                                     Hatch  Nichols 

Ballingali                                      Heacock  Oliver 

Blair                                              Henderson  Pace 

Blakely                                       Hill  Powers 

Bosbyshell                                  Hogue  Pratt 

Caldwell                                     Hunsaker  Robbins 

J.  M.   Campbell                        Huston  Robinson 

T.  Campbell                               James  Romao 

Carter                                          Jenkins      .  Scates                                  .: 

F.  S.  Casey                                Jones  Shumway 

Z.  Casey                                     Kenner  Sibley 

Choate                                          Kreider  E.  O.  Smith 

Churchill                                      Lasater  J.  Smith 

Colby                                          Laughlin  Stadden 

Crain                                            Lemon  Tutt 

Dale                                             Linley  Vernor 

Dunn                                             Loudon  West 

Evey                                            McCallcn  Whiteside. 
Farwcli                                        McCully 


JOURNAL  OF  THE  CONVENTION.      [August  19. 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Bond 
Brown 
Bunsen 
Canady 
Church 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Grimshaw 
Harding 


Mr.  Harper 
Hawley 
Hayes 
Holmes 
Hurl  but 
Jackson 
Judd 

S.  Kinney 
N,  M.  Knapp 
Knovvlton 
Knox 
Lander 
Lockwood 
Logan 

T.  A.  Marshall 
Mason 
Mieure 
Miller 
Minshall 
Moore 
Morris 
Nortfecott 
H.  D.  Palmer 
J.  M.  Palmer 


Mr.  Peters 
Rives 
Rountree 
Servant 
Sharpe 
Shields 
Sim 

Simpson 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Wead 
Williams 
Witt 
Woodson 
Worcester 
Mr.  President, 


Mr.  Atherton  mov      ihe  previous  question. 

On  motion. 
The  convention  adjourned  until  three  o'clock*  P.  M, 


THREE  O  CLOCK,  P.  M. 


The  convention  assembled  pursuant  to  adjournment* 
On  motion  of  Mr.  N.  W.  Edward?, 

A  calf  of  the  convention   was  ordeied. 

The  cali  having  been  proceeded  in,  the  following  gentlemen  were  found 
to  be  absent: 

Messrs.  Adams,  Ballingall,  Butler,  Canaday,  Church,  S.  J.  Cross,  De- 
ment, Kdmonson,  W.  B.  Green,  Hay,  Holmes,  W.  C.  Kinney,  Kitchell, 
Knox,  Mason,  Miller,  Mathcny,  Norton,  Servant,  Sharpe,  Sherman,  Sin- 
gleton, Thompson,  Turner,  Tutt,  Webber,  and  Williams — 27. 
On  motion  of  Mr.  Dale, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  convention  resumed  the  consideration  of  the  report  of  the  commit- 
tee on  Revenue,  as  amended  in  committee  of  the  whole. 

The  question  was  taken  on  ordering  the  previous  question,  and  decided 
in  the  affirmative. 

The  question  was   taken,   by  yeas    and   nays,  on  the  adoption  of  the 
amendment  offered  by  Mr.  Woodson, 


And  decided  in  the  neative, 


61 

78 


August  19.]        JOURNAL  OF  THE  CONVENTION. 


423 


Those  voting  in  the  affirmative,  are, 


Adams 

Bond 

Brockman 

Brown 

R.  J.  Cross 

D.  Davis 

T.  G.  C.  Davis 

Dawson 

Beitz 

Dummcr 

Dunlap 

Duns  mo  re 

Eccles 

C.  Edwards 

N.  W.  Edwards 

Graham 

Geddes 

H.  R.  Green 

P,    Green 

Grimshaw 


Mr.  Harding 
Harper 
Hawley 
Harlbut 
Jackson 
Judd 

S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Lander 
Lockwood 
Lo^an 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Minshali 
Moore 
Northcott 


Those  voting  in  the  negative,  are, 


AkiR 

Allen 

Anderson 

Archer 

Armstrong 

Atherton 

Ballingall 

Blair 

Blakely 

Bosbyshett 

Bunsen 

J.  M.  Campbell 

T.  Campbell 

Carter 

F.  S.  Casey 

Z.  Casey 

€hoate 

Churchill 

Colby 

Constable 

Grain 

Dale 

J.   M.  Davis 

Dunn 

Evey 

Farwell 


Mr.  Frick 
Gregg 
Harlan 
Harvey 
Hatch 
Hay  os 
Heacock 
HendersoR 
Hill 
Hoes 
Hogue 
Hunsakee 
Huston 
James 
Jenkins 
Jones 
Kenner 
Kr  eider 
Lasater 
Laugh lira 
Lemon 
Lin  ley 
London 
McCallea 
McCully 
McClure 


Mr.  H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Rives 
Roan  tree 
Shields 
'Sim 
Spencer 
Swan 
Thomas 
Thornton 
Turnbul! 
Turner 
Tuttle 
Vance 
Witt 
Woodson 
Worcester 
Mr.  President, 


Mr.  McHattoR 
Manly 
Mark  ley 
Moffett 
Morris 
Nichols 
Oliver 
Pace 
Powers 
Pratt 
Robbing 
flobinsoR 
Roman 
Scates 
•Shu  m  way 
Sibley 
Simpson 
E.  0.  Smitk 
J.  Smith 
Stadden 
Trower 
Vernor 
Wead 
West 
Whiteside 
Whitney. 


The  question  was  taken  on  concurring  with  the  committee  of  the  whole 
the  amendments  made  to  the  third  section,  and  decided  in  the  affirma- 

ve. 
The  question  was  taken  on  the  adoption  of  the  third  section  as  amended, 

nd  decided  in  the  affirmative. 

Mr.  Dawson  moved  the  following  as  a  substitute  for  the  fourth  section: 
"The  legislature  shall  cause  the  several  county  clerks  in  this  state,  at 

ic  proper  time,  to  make  out  in  tabular  form,  according  to  the  proper sub- 

ivisions  thereof,  a  list  of  all  lands  on  which  taxes  remain  due  and  unpaid 


4-24 


JOURNAL  OF  THE  CONVENTION.      [August  19. 


Those  voting  in  the  affirmative,  are, 


for  the  year  last  past,  and  place  the  same  in  the  hands  of  the  assessor  for 
the  next  year,  whose  duty  it  shall  be,  when  he  assesses  lands,  to  compare 
the  assessment  with  the  delinquent  list,  and  should  they  find  any  lands  on 
the  delinquent  list  which  belong  to  any  citizen  of  these  respective  coun- 
ties, they  shall  notify  the  citizen  thereof,  and  no  lands  shall  be  offered  for 
tale  until  the  same  be  advertised  for  at  least  three  weeks  in  some  newspa- 
per printed  in  this  state,  nearest  where  the  lands  lie,  and  after  the  time 
in  which  the  assessment  is  to  close  according  to  law," 

The  questioR  was  takenr  by  yeas  and  nays,  on  the  adoption  of  the  sub- 
stitute, 

C~V"pis  f^Q 

And  decided  in  the  negative,       i^r^.J  §4 


Mr.  North eott 
H.  D.  Palmer 
Rives 
Robbins 
Rountree 
Shields 
Sh  urn  way 
Sibley 
Sim 

Spencer 
Thornton 
Vance 
West 
Williams 
Whitney 
Mr.  President, 


Mr  McClure 
McHatton 
F.  S.  D.  Marshall 
Mason 
Morris 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robinson 
Scates 
Servant 
Sharpe 
Simpson. 
J.  Smith 
Stadden 
Thomas 
Trower 
Turnbull 
Turner 
Vernor 
Wead 
Witt 

Whiteside 
Woodson 
Worcester, 


Mr.  Athertoa 
Choate 
Churchill 
D.  Davis 
Dawson 
Bunn 
Dunsuiore 
N.  W.  Edward* 
Frick 
Graham 
H.  R.  Green 
Grimshaw 
Harlan 
Harper 
Hill 

Hunsaker 
Hurlbut 


Mr.  James 
Jenkins 
Judd 
Kenner 
S.  Kinney 
N.  M.  Knapp 
Knowlton 
Lander 
Lockwood 
Logan 
Manly 
Markley 
T.  A.  Marshal* 
Mieure 
Minshall 
Moffett 
Moore 


Those  vating  i»  the  negative,  are,. 


Mr.  Adams 
Akin 
Allen 
Anderson 
Armstrong 
Ballingali 
Blair 
Blakely 
Bond 

Bosbysheli 
Brockman 
Brown 
Bunsert 

J.  M.  Campberi 
T.  Campbell 
Carter 
Z.  Casey 
Church 
Colby 
Constable 
Crain 

E.  J.  Cross 
Dale 

J.  M.  Davis 
Deitz 
Dummer 
Dunlap 
Eccles 
C,  Edwards 


Mr.  Evey 
Farwell 
Geddes 
P.  Green 
Gregg 
Harding 
Harvey 
Hatch 
Hawley 
Hayes 
Heacock 
Hendersoss 
Hoes 
Hogue 
Holmes 
Huston 
Jackson 
Jones 

A.  R.  Knapp 
Kreider 
Lasater 
Laughliri 
Lemon 
Linley 
Loudon 
McCallen 
McClure 
Me  Cully 


August  19.]       JOURNAL  OF  THE  CONVENTION.  425 

Mr.  N.  M.  Knapp  moved   to  amend  the  fourth  section,  as  amended  in 
committee  of  the  whole,  by  striking  out  the  words   "clerk  of  the  circuit 
court   of,"  in  the  18th  line,  and  inserting  in  lieu  thereof  the  words  "officer 
having  custody  of  the  records  of  lands  and  lots  sold  for  taxes  and  entries 
of  redemption  in,"  and  by  striking  out  the  word  "clerk,"  in  the  nineteenth 
line,  and  inserting  in  lieu  thereof  the  word  ''officer." 
The  question  was  taken  and  decided  in  the  affirmative. 
Mr.  Williams  offered  the  following  as  a  substitute  lor  the  fourth  section 
as  amended: 

"Hereafter  tax  deeds  of  lands  sold  for  taxes  without  judgment  or  order 
of  court,  shall  not  be  evidence  of  title  against  the  former  owner,  or  those 
claiming  title  or  possession  under  him,  without  proof  that  the  taxes  for 
which  it  was  sold  had  been  duly  assessed,  and  that  the  land  was  sold  con- 
formably to  law." 

The  question  was  taken,  and  the  amendment  rejected. 
Mr.  Vance  offered  the  following  as  a  substitute  for  the  fourth  section  as 
amended: 

"That  all  lands  hereafter  sold  for  the  non-payment  of  taxes  shall  be  bid 
in  for  the  state  by  some  person  in  each  county  authorized  by  law  for  that 
purpose,  under  the  same  penalties  and  restrictions  as  now  provided  by 
law.     There  shall  be  elected  or  appointed  some  person  in  each  county  for 
the  collecting  of  taxes,  on  lands  bid  in  for  the  state  for  non  pajmcnt  of 
axes,  whose  duties  shall  be  prescribed  by  law,  as  follows:  All  lands  bid  in 
for  the  state  for  non-payment  of  taxes,  it  not  redeemed  within  five  years 
after  sale,  be  offered  at  a  minimum  value,  after  giving  six  weeks'  notice  in 
i  newspaper  printed  in  the  county  where  the  Ir.nd  lies;  if  no  paper  is  prin- 
ed  in  the  county,  in  the  nearest  paper  to  said   county,  that  on  a  certain 
day  provided  by  law,  shall  offer  all  lands  bid  in  for  the  state  to  the  best 
)idder,  at  or  over  the  minimum  value,  shall  be'the   purchaser,  who  shall 
receive  a  deed  from  the  state  for  the  same;  and  after  all  taxes  due  on 
laid  lands,  with  all  reasonable  charges,  the  balance  shall  be  deposited  in 
the  state  treasury  for  the  sole  benefit  of  the  owner,  should  he  or  she,  his 
or  her  heirs,  hereafter  apply  for  the  same,  making  satisfactory  proof  to 
the  proper  officer  designated    by   law,  for  the  purpose  of  adjusting  said 
claims,  that  he  or  she   is  the  bonajide  owner." 

The  question  was  taken,  and  the  substitute  rejected. 

On  motion  of  Mr.  Church, 

The  fourth  section  as  amended  was  further  amended  by  inserting  after 
the  word  "officer,"  in  the  nineteenth  line,  the  words  "entered  on  the  re- 
cords of  his  office  and,"  and  by  inserting  after  the  word  "and,"  in  the 
nineteenth  line,  the  words  "which  record  or  affidavit." 

Mr.  Wead  offered  the  following  as  a  substitute  for  the  fourth  section  as 
a/nended: 

"It.  shall  be  necessary,  in  all  cases  where  title  to  land  is  claimed  by  any 
person  in  a  court  of  justice,  by  virtue  of  a  sale  hereafter  made  for  taxes',  to 
show  that  the  law  under  wrhich  such  sale  was  made  has  been  complied 
with." 

Ti,e  question  was  taken,  and  the  substitute  rejected. 


426                   JOURNAL  OP  THE  CONVENTION.       [August  19. 

The  question  was  taken,   by  yeas   and   nays,  on   concurring  with  the 
committee  of  the  whole,  in  the  amendment'made  to  the  fourth  section, 

And  decided  in 

7G 
56 

the  affirmative,  JN      ' 

Those  voting  in 

the  affirmative,  are, 

Mr.  Bosbyshell 

Mr.  Heacock 

Mr.  Moffett 

Brockman 

Hill 

Moore 

Brown 

Hogue 

Morris 

Bunsen 

Hurl  but 

Nichols 

Choate 

Jackson 

North  cott 

Churchill 

James 

H.  D.  Palmer 

Crain 

Jenkins 

J.  M.  Palmer 

R.  J.  Cross 

Judd 

Rives 

Dale 

Kenner 

Servant 

D.  Davis 

A.  R.  Knapp 

Shields 

J.  M.  Davis 

N.  M.  Knapp 

Shumway 

Dawson 

Knowlton 

Sibley 

Dummer 

Lander 

Simpson 

Dunlap 

Laughlin 

Spencer 

Dunsmore 

Lemon 

Swan 

Eccles 

Lin  ley 

Thomas 

C.  Edwards 

Lockwood 

Thornton 

N.  W.  Edwards 

Logan 

Vance 

Evey 

McCallen 

West 

Graham 

McHatton 

Witt 

Geddes 

Manly 

Whiteside 

H.  R.  Green 

F.  S.  D.  Marshall 

Whitney 

W.  B.  Green 

T.  A.  Marshall 

Woodson 

Grimshaw 

Mieure 

Worcester 

Hawley 

Mmshall 

Mr.  President. 

Hayes 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  P.  Green 

Mr.  McClure 

Akin 
Allen 

Gregg 
Harding 

Markley 
Oliver 

Anderson 

Harlan 

Peters 

Armstrong 

Harper 

Powers 

Atherton 

Harvey 

Pratt 

Ballingall 

Hatch 

Robbins 

Blair 

Henderson 

Robinson 

Blakely 

Hoes 

Roman 

Bond  ' 

Holmes 

Rountree 

J.  M.  Campbell 

Hunsaker 

Scates 

Carter 

Huston 

Sharpe 

Zadok  Casey 

Jones 

Trower 

Church 

S.  Kinney 

Turnbull 

Colby 

Knox 

Turner 

Deitz 

Kreider 

Tuttle 

Dunn 

Lasater 

Vernor 

Farwell 

Loudon 

Wead 

Frick 

McCully 

Williams. 

Mr.  Lockwood  moved  the  following  as  an  additional  section: 

"SEC.  — .  No  lands  in  the  state  shall  be  assessed  at  a  less  value  than  one 

dollar  and  fifty  cents  per  acre." 

Mr.  Markley  moved  to  strike  out  the  words  "one  dollar  and  fifty  cents," 

and  to  insert  in  lieu  thereof  the  words  "two  dollars." 


August  19.]      JOURNAL  OF  THE  CONVENTION. 

The  question  was  taken,  by  yeas  and  nays,  on   the  adoption  of  the 
[amendment, 

tYeas,         ...  43 

(Nays, 


And    decided  in  the  negative, 


87 


Those  voting  in  the  affirmative,  are, 


Mr.  Anderson 
Brown 
T.  Campbell 
Carter 
Church 
R.  J.  Cross 
Bummer 
C.  Edwards 
N.  W.  Edwards 
Farwell 
Graham 
Geddes 
Gregg 
Harlan 
Harper   • 


Mr.  Harvey 
Hatch 
Henderson 
Hill 
Hoes 
Hurlbut 
Jackson 
James 
Knowlton 
Kreider 
Linley 
Logan 
McClure 
Markley 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bond 
Bunsen 

J.  M.  Campbell 
Z.  Casey 
Choate 
Churchill 
Grain 
*  Dale 
D.  Davis 
J.  M.  Davis 
Daws  on 
Deilz 
Dunn 
Dunsmore 
Eccles 
Evey 
Frick 

H.  R.  Green 
P.  Green 
W.  B.  Green 
Grimshaw 


Mr.  Hawley 
Hayes 
Heacock 
Hogue 
Holmes 
Hunsaker 
Huston 
Jenkins 
Jones 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lasater 
Laughlin 
Lemon 
Lockwood 
Loudon 
McCallen 
McCully 
McHatton 
Manly 
Mieure 
Minshall 
Moffett 
Morris 
Nichols 


Mr.  F.  S.  D.  Marshall 
Mason 
Northcott 
Powers 
.     Robinson 
Sharpe 
E.  O.  Smith 
Stadden 
Swan 
Thomas 
Wead 
West 
Whitney 
Mr.  President. 


Mr.  Oliver 

H.  D.  Palmer 
Peters 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Scates 
Servant 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
J.  Smith 
Spencer 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Vernor 
Williams 
Witt 

Whiteside 
.  Woodson 
Worcester. 


Mr.  Lockwood  modified  the  additional  section  by  striking  out  the  word 
'fifty,"  and  inserting  the  words  "twenty-five." 
Mr.  Z.  Casey  moved  to  lay  the  proposed  additional  section  on  the  table. 


4-28  JOURNAL  OF  THE  CONVENTION. 

The  question  was  taken,  by  yeas  and  nays, 
And  decided  in  the  negative. 

O  " 


(Nays,     . 


[August  19. 


.  67 
.  67 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  P.  Green 

Akin 

W.  B.  Green 

Allen 

Grimshaw 

Armstrong 
Atherton 

Harvey 
Hayes 

Ballingall 
Blair 

Heacock 
Hill 

Blakely 

Hogue 

Bond 

Jenkins 

Brockman 

Jones 

Bunsen 

Kenner 

J.  M.  Campbell 

Lander 

Z.  Casey 

Lasater 

Churchill 
Colby 

Laughlin 
Lemon 

Constable 

Loud  on 

Grain 

McCallen 

Dale 

McHatton 

J.  M.  Davis 

Mieure 

Deitz 

Miller 

Dunn 

Moore       ' 

Eccles 

Morris 

Frick 

Those  voting  in 

the  negative,  are, 

Mr.  Anderson 

Mr.  Henderson 

Brown 

Hoes 

T.  Campbell 

Holmes 

Carter 

Hurlbut 

Choate 

Huston 

Church 

Jackson 

R.  J.  Cross 

James 

D.  Davis 

Judd 

Dawson 

S.  Kinney 

Dummer 

A.  R.  Knapp 

Dunlap 
Dunsmore 

N.  M.  Knapp 
Knowlton 

C.  Edwards 

Knox 

N.  W.  Edwards 

Kreider 

Farwell 

Linley 

Graham 

Lockwood 

Geddes 

Logan 

H.  R.  Green 

McCully 

Gregg 

McClure 

Harding 
Harlan 

Manly 
Markley 

Harper 

F.  S.  D.  Marshall 

Hatch 

Mr.  Nichols 
Oliver 
Pace 

H.  D.  Palmer 
Powers 
Pratt 
Rives 
Robbins 
Roman 
Rountree 
Scates 
Shields 
Shumway 
Sim 

Simpson 
J.  Smith 
Thornton 
Turner 
Tuttle 
Vernor 
Worcester 
Mr.  President. 


Mr.  T.;A.  Marshall 
Mason 
Minshall 
Moffett 
J.  M.  Palmer 
Peters 
Servant 
Sibley 

E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Trower 
Vance 
Wead 
Webber 
West 
Witt 

Whiteside 
Whitney 
Woodson. 


On  motion  of  Mr.  J.  M.  Davis, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,   when  it  appeared   that  th< 
following  gentlemen  were  absent: 

Messrs.  Archer,    Butler,  Caldwell,  Canady,  F.  S.  Casey,  Colby,  S.  J. 
Cross,  T.  G.  C.  Davis,  Dement,  Edmonson,  Hay,  W.  C.  Kinney,  Kitch- 


August  19.]         JOURNAL  OF  THE  CONVENTION. 


ell,  Matheny,  Norton,  Pinckney,  Sherman,  Singleton,  J.  Smith,  Thomp- 
son, and  Tutt — 21. 

On  motion  of  Mr.  Whitney, 

Further  proceedings  under  the  call  were  dispensed  with 

Mr.  McCallen   moved   the  following  as  a  substitute  for  the  additional 
section: 

"All  taxation  levied  upon  property  shall  be  by  an  actual  appraisement 
valuation." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
substitute, 

(Yeas,     .         .  76 


Arid  decided  in  the  affirmative, 


(Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Armstrong 
Atherton 
Blair 
Blakely 
Bond 
Brockman 
Bunsen 
Caldwell 
J.  M.  Campbell 
Z.  Casey 
Choate 
Churchill 
Colby 
Constable 
Crain 
Dale 

J.  M.  Davis 
Dunn 
Eccles 
Evey 
Farwell 
Frick 
P.  Green 
W.  B.  Green 


Mr.  Griinshaw 
Hawley 
Hayes 
Hill 
Hogae 
Hunsaker 
Jenkins 
Jones 
Judd 
Kenner 
Lander 
Lasater 
Laughlin 
Linley 
Loudon 
McCallen 
Me  Cully 
McHatton 
Manly 
Mieure 
Moffett 
Moore 
Morris 
Nichols 
Oliver 


Those  voting  in  the  negative,  are, 


Mr.  Anderson 
Ballingall 


Brown 

T.  Campbell 

Carter 

R.  J.  Cross 

Church 

D.  Davis 

Dawson 

Deitz 

Dummer 

Dunlap 

Dunsmore 

C.  Edwards 

N.  W.  Edwards 

Graham 

Geddes 

H.  R.  Green 

Gregg 


Mr.  Harding 
Harlan 
Harper 
Harvey 
Hatch 
Heacock 
Henderson 
Hoes 
Hurl  but 
Huston 
Jackson 
James 

A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Lemon 
Lockwood 


63 


Mr.  Pace 

J.  M.  Palmer 

H.  D.  Palmer 

Rives 

Rob  bins 

Roman 

Rountree 

Scates 

Shields 

Sh  urn  way 

Sibley    ' 

Sim 

Simpson 

J.  Smith 

Spencer 

Thornton 

Trower 

Turnbull 

Turner 

Vernor 

Williams 

Witt 

IVoodson 

Worcester 

Mr.  President. 


Mr.  Logan 
McClure 
Markley 

F.  S.  D.  Marshall 
itfason 
Minshall 
Northcott 
Peters 
Robinson 
Servant 
Stadden 
Swan 
Thomas 
Tuttle 
Vance 
Wead 
Webber 
Whiteside 
Whitney. 


430  JOURNAL  OF  THE  CONVENTION.       [August  20 

On  motion  of  Mr.  N.  W.  Edwards, 

The  proposed  additional  section  as  amended,  was  laid  on  the  table. 
Mr.  Turnbull  offered  the  following  as  an  additional  section: 
"The  legislature  may  equalize  or  provide  for  equalizing  the  valuation  ol 
taxable  property  according  to  the  relative  value  of  the  same  in  the  seve- 
ral counties  in  the  state." 

On  motion  of  Mr.  Scates, 
The  proposed  additional  section  was  laid  on  the  table. 

On  motion  of  Mr.  N.  W.  Edwards, 

The  fifth  additional  section,  as  agreed  to  in  committee  of  the  whole,  wa« 
amended  by  adding  thereto  the  following: 

"And  the  legislature  shall  require  that  all  the  property  within  the  limits 
of  municipal  corporations  belonging  to  individuals,  shall  be  taxed  for  the 
payment  of  debts  contracted  under  authority  of  law." 

The  question  was  taken,  and  the  fifth  additional  section,  as  amended, 
was  adopted. 

The  question  was  taken,  and  the  sixth  additional  section,  as  agreed  to 
in  committee  of  the  whole,  was  adopted. 

On  motion  of  Mr,  Z.  Casey, 
The  article  was  referred  to  the  committee  on  the  Revision  and  Adjust 
ment  of  the  Articles  of  the  Constitution. 

On  motion, 
The  convention  adjourned. 


FRIDAY,  AUGUST  20,  1847. 

The  convention  assembled  pursuant  to  adjournment. 
Prayer  by  Rev.  H.  D.  Palmor,  a  member. 
The  journal  of  yesterday  was  read. 

On  motion  of  Mr.  J.  M.  Campbell, 
A  cnll  of  the  convention  was  ordered. 
The  call  was  proceeded  in  for  some  time,  when  the  following  gentlemei 
wern  found  to  be  absent: 

Messrs.  Archer,  Atherton,  Brown,  Butler,  Canady,  F.  S.  Casey,  Con 
stable,  T.  G.  C.  Davis,  Edmonson,  Evey,  Farwell,  Gregg,  Hay,  Hoes 
Hunsaker,  James,  W.  C.  Kinney,  Kitchell,  Lockwood,  Logan,  McCallen 
Matheny,  Minshall,  Pace,  Peters,  Pinckney,  Scates,  Sherman,  Simpson 
Singleton,  Tutt,  and  Whiteside — 31. 

On  motion  of  Mr.  Robbins, 
Messrs.  T.  G.  C.  Davis,  Tutt,  F.  S.  Casey,  and  Pinckney  were  excus 
ed  in  consequence  of  sickness. 

On  motion, 
Further  proceedings  under  the  cnll  were  dispensed  with. 

On  motion  of  Mr.  Woodson, 
The  report  of  the  committee   on  Counties   was  taken  from  the  table 
when, 

On  motion  of  Mr.  Eccles, 
The  convention    proceeded    to   the  consideration  of  the   report  of  tht 
committee,  made  in  obedience  to  instructions  of  the  convention. 


4t,£u**20.]         JOURNAL  OF  THE  CONVENTION. 


431 


And  decided  in  the  negative,        <^      ' 
Those  voting  in  the  affirmative,  are, 


IV] r.  Markley  moved  to  amend  the  first  section  by  striking  out  the 
words  "nor  any  line  of  which  shall  pass  within  less  than  ten  miles  of  any 
county  seat  already  established." 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
a.nendment,  v 


48 
91 


Mr.  Mieure 
Miller 
Moffett 
Moore 
Oliver 
Powers 
Roman 
Sharpe 
E.  O.  Smith 
J.  Smith 
Turnbull 
Turner 
Tuttle 
Vance 
Whitney 
Mr.  President. 


Mr.  Adams 
Allen 
Atherton 
Ballingail 
Blair 

Brockman 
Brown 
Carter 
Choate 
Colby 

R.  J.  Cross 
Dale 
Deitz 
Dunsmore 
C.  Edwards 
Graham 


Mr.  H.  R.  Green 
P.  Green 
Harding 
Harlan 
Heacock 
Hill 
Holmes 
Huston 
Jenkins 
Judd 
Kenner 
S.  Kinney 
Kreider 
Lasater 
Markley 
Mason 


'hose  voting  in  the  negative,  are 


Mr.  Akin 

Anderson 

Archer 

Armstrong 

Blakely 

Bond 

Bosbyshell 

Bunsen 

Caldwell 

J.  M.  Campbell 

T.   Campbell 

Z    Casey 

Churchill 

Grain 

S.  J.  Cross 

D.  Davis 

J.  M.  Davis 

Dawson 

Dement 

Dumrner 

Dunlap 

Dunn 

Eccles 

N    W.   Edwards 

Evey 

Farwell 

Frick 

Geddes 

W.  B.  Green 

Gregg 

Gnmshaw 


Mr.  Harper 
Harvey 
Hatch 
Hawley 
Hayes 
Henderson 


Mr. 


James 

Knowlton 

Lander 

Laughlin 

Lemon 

Linley 

Lockwood 

Logan 

McCailen 

Me  Cully 

Me  C  lure 

McHatton 

Manly 

F.  S.'D.  Marshall 

T.  A.  Marshall 

Minshall 

Morris 

Nichols 

Northcott 

Norton 


H.  D.  Palmer 
J.  M.  Palmer 

Peters 

Pratt 

Rives 

Robbins 

Robinson 

Rountree 

Servant 

Shields 

Shumway 

Sibley    ' 

Sim 

Simpson 

Singleton 

Spencer 

Stadden 

Swan 

Thomas 

Thompson 

Thornton 

Trower 

Vernor 

Wead 

Webber 

West 

Williams 

Witt 

Whiteside 

Woodeon. 


432 


JOURNAL  OF  THE  CONVENTION.      [August  20 


On  motion  of  Mr.  Eccles, 

The  finst  section  was  amended  by  inserting  after  the  .word  "seat,''  ir 
in  the  fourth  line,  the  words  "of  the  county  or  counties  proposed  to  be 
divided." 

Mr.  Markley  offered  the  following  as  a  proviso  to  the  first  section  ai 
amended: 

"Provided,  however,  a  count/  may  be  divided  into  two  counties  when 
ever  a  majority  of  the  legal  voters  shall  be  in  favor  of  the  same,  wher 
eac1!  of  said  counties  shall  contain  not  less  than  four  hundred  squan 
miles." 

On  motion  uf  Mr.  T.  A.  Marshall, 

tYeas,     .         .  70 


The  proviso  was  laid  on  the  table, 


(Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Atherton 
Ballingall 
Bond 
Cal  dwell 
T.  Campbell 
R.  J.  Cross 
D.  Davis 
Dawson 
Deitz 
Dumnaer 
Dunlap 
Eccles 

N.  W.  Edwards 
Farwell 
Fnck 
Geddes 
W.  B.  Green 
Gregg 
Grimshaw 
Harlan 
Harper 


Mr.  Hatch 

Henderson 

Hogue 

Hunsaker 

Hurlbut 

Jackson 

Judd 

A..  R.  Knapp 

N.  M.  Knapp 

Knowlton 

Lander 

Lernon 

Linley 

Lockwood 

Logan 

McCully 

McClure 

Manly 

F.  S.  D.  Marshall 

T.  A.  Marshall 

Minshall 

Nichols 

Northcott 

Norton 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 
Blair 

Bosbyshell 
Brock  man 
Brown 
Bunsen 

J.  M.  Campbell 
Carter 
Z.  Casey 
Choate 
Churchill 
Colby 
Grain 

S.  J.  Cross 
Dale 


Mr.  Dement 
Dunn 
Dunsmore 
C.  Edwards 
Evey 
Graham 
H.  R.  Green 
P.  Green 
Harding 
Hawley 
Hayes 
Heacock 
Hill 
Holmes 
Huston 
James 
Jenkins 


Mr.  H.  D.  Palmer 
Peters 
Rives 
Robbins 
Robinson 
Roman 
Servant 
Sbarpe 
Shields 
Sibley 
Sim 

Stadden 
Swan 
Thomas 
Thornton 
Trower 
Turner 
Wead 
Webber 
West 
Williams 
Witt 
W  oodson. 


Mr.  Jones 
Kenner 
S.  Kinney 
Kreider 
Lasater 
Laughlin 
Loudon 
McCallen 
McHatton 
Markley 
Mason 
Mi  cure 
Miller 
Moffett 
Moore 
M  orris 
Oliver 


4ugusl  20.]        JOURNAL  OF  THE  CONVENTION.  433 

Kr,  J.  M.  -Palmer  Mr.  Singleton  Mr.  Tuttle 
Powers                                        E.  O.  Smith  Vance 

Pratt  J.  Smith  Vernor 

Rount.ree  Spencer  Whiteside 

Shumway  Thompson  Whitney 

Simpson  Turnbull  Mr.  President. 

On  motion  of  Mr.  Eccles, 

The  previous  question  was  ordered. 

The  question  was  taken  on  the  adoption  of  the  first  section,  as  amend- 
;d,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Holmes, 

The  llth  section  was  amended  by  adding  after  the  word   "county,"  at 
he  end  of  the  second  line,  the  words  "voting  on  the  question." 

Mr.  N.  W.  Edwards  offered  the  following,  to   be  added  to   the  second 
ection,  as  amended: 

"Nor  shall  any  territory  be  taken  from  any  county,  unless  a   majority 
f  the  voters  within  the  territory  proposed  to  be  cut  off  shall  be  in  favor 
f  having  their  territory  form  a  portion  of  another  county." 
Which  was,  on  motion  of  Mr.  Singleton, 

Laid  on  the  table. 

Mr.   Brown  proposed  to  amend  the  second  section,  as  amended,  by  ad- 
ing  the  following: 

"Where  a  county,  either  now  or  hereafter  to  be  established,  shall  be 
ituated  on  the  navigable  waters  of  this  state,  the  county  seat  thereof 
lay  be  established  on  said  navigable  waters,  and  in  such  case  the  county 
ne  may  run  within  less  than  ten  miles  of  the  former  county  seat;  Provi- 
ed,  a  majority  of  the  legal  voters  concur  therein." 
On  motion  of  Mr,  Wead, 


The  previous  question  was  ordered, 
Those  voting  in  the  affirmative,  are, 

It.  Adams  Mr.  Harper  Mr,  Nichols 

Akin  Harvey  J.  M.  Palmer 

Allen  Hayes  Rives 

Anderson  Hoes  Robbing 

Atherton  Holmes  Robinson 

Ballmgali  Hunsaker  Servant 

Blair  Hurlbut  Sharpe 

Bunsen  Huston  Shields 

Caldwell  Jackson  Sim 

J.  M   Campbell  Lander  E.  O.  Smith 

Carter  Lasater  J.  Smith 

Z.  Casey  Linley  Spencer 

Choate  Lockwood  Stadden 

Daw  son  Logan  Swan 

Dumaier  McCully  Thomas 

Duulap  McHatton  Thomson 

Dunn  Manly  Trower 

Eccles  T.  A.  Marshall  Turner 

Evey  Mieure  Vernor 

Frick  Miller  Wead 

Geddes  Moore  Webber 

H.  R.  Green  Morris  W«st. 

28 


o 


434 


JOURNAL  OF  THE  CONVENTION. 


Those  voting  in  the  negative,  are, 


Mr.  Armstrong 
Bosbyshell 
Brockman 
Brown 
T.  Campbell 
Churchill 
Colby 
Constable 
Grain 

S.  J.  Cross 
Dale 

J.  M.  Davis 
Dunsmore 
C.  Edwards 
N.  W.  Edwards 
Farwell 
Graham 
F.  Green- 
Gregg 
Grimshaw 
Harding 


Mr.  Harlan 
Hatch     . 
Henderson* 
Hogue 
James 
Jenkins 
W.  C.  Kinney 
A.   R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Laughlio 
Lemon 
McCallen 
McClure 
Markley 

F.  S.  IX  Marshall 
Mason 
Moffett 
Norton 


Mr.  Oliver 

H.  D.  Palme? 

Peters 

Powers 

Pratt 

Roman 

Rountree 

Sh  urn  way 

Simpson 

Singleton 

Thornton 

TurnbuH 

Tuttle 

Vance 

Williams 

Witt 

Whiteside 

Whitney 

Woodson 

Worcester 

Mr.  President. 


Mr.  Brown  withdrew  his  amendment. 

The  question  was  taken^  by  yeas  and  nays,  on    the  adoption  of  the 
section,  as  amended, 


And  decided  in  the  affirmative, 


s, 


74 
60 


Those  voting  in  the  affirmative,  are, 


Mr,  Adarns 
Archer 
Armstrong 
Bond 

Bosbyshell 
Bunsen 
Caldwell 
J,  M.  Campbell 
T.  Campbell 
S.  J.  Cioss 
D.  Davis 
J.  M.  Davis 
Bummer 
Dunlap 
Dunn 
Eccles 
Evey 
Farwell 
Geddes 
Grimshaw 
Harlan 
Harper 
Harvey 
Hayes 
Hoes 


Mr.  Hurlbut 
Huston 
Jackson 
Jones 

Ai  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Linley 
Lockwood 
Logan 
McCallen 
McCully 
McHatton 
Markley 
T.  A.  Marshall 
Mieure 
Miller 
Nichols 
H.  D.  Palmer 
J.  M.  Palmer 
Peteis 
Rives 


Mr.  Robbins 
Robinson 
Rountree 
Servant 
Shields 
Sim 

Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thompson 
Thornton 
Trower 
Tuttle 
Vance 
We  ad 
Webber 
West 
Williams 
Witt 
Woodson. 


iugust  20.]       JOURNAL  OF  THE  CONVENTION.  435 

Those  voting  in  the  negative,  are, 

M>.  Akin  Mr.  N.  W.  Edwards  Mr.  McClure  j 

Allen  Frick  Manly 

Anderson  Graham  Mason 

Atherton  P.  Green  Moffett 

Ballingall  Greg£  Moore  j 

Blair  Harding  Morris 

Brown  Hatch  Norton 

Carter  Heacock  Oliver 

Z.  Casey  Henderson  Powers 

Choate  Hogue  Pratt 

Churchill  Holmes  Roman 

Colby  Hunsaker  Sharpe 

Constable  James  Sibley  "  •> 

Crain  Jenkins  Singleton 

Dale  Judd  TurnbuH 

Dawson  Kenner  Turner 

Deitz  S.  Kinney  Vernor 

Dement]  Lasater  "Whitney 

Dunsmore  Laughlin  Worcester 

C.  Edwards  Lemon  Mr.  President. 

Mr.  Vance  moved  a  reconsideration  of  the  vote  taken  on  the  adoption 
>f  the  first  section  of  snid  report. 

The  question  was  taken,  and  the  convention  refused  to  reconsider. 
On  motion  of  Mr.  Brown, 

The  convention  proceeded  to  consider  the  other  report  of  the  majority 
f  the  same  committee;  the  first  section  whereof  being  read, 

Mr.  Brown  moved  to  substitute  the  following: 

"Where  a  county,  either  now  or  hereafter  to  be  established,  shall  be 
situated  on  the  navigable  waters  of  this  state,  the  county  seat  thereof 
nay  be  established  on  said  navigable  waters  and  in  such  case  the  county 
ine  may  run  within  less  than  ten  miles  of  the  former  county  seat;  Provi- 
kd,  a  majority  of  the  legal  voters  of  said  county  concur  therein."  1 

On  motion, 

The  convention  adjourned  until  3  o'clock,  P.  M. 


THREE  O'CLOCK,   P.  M. 


Convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr. C.  Edwards, 

The  rules  were  suspended  to  enable  him  to  make  a  motion. 
On  motion  of  Mr.  C.  Edwards, 

The  committee  on  the  Revision  and  Adjustment  of  the  Articles  of  the 
Constitution,  were  authorized  to  employ  a  clerk. 

The  question  pending  this  morning  when  the  convention  adjourned,  was 
>n  the  substitute  offered  by  Mr.  Brown,  for  the  first  section  of  the  ma- 
ority  report  of  the  committee  on  Counties. 

Mr.  McCallen  called  for  a  division  of  the  question. 

The  question  was  taken,  and  the  convention  refused  to  order  a  division. 


436 


JOURNAL  OF  THE  CONVENTION.        [August  20 


The  question  was  taken  on  the  adoption  of  the  substitute,  and  decided 
in  the  negative. 

Mr.  Williams  offered  the  following  as  a  substitute  for  the  first  sectionl 
"All  territory  which  has  been  or  may  be  stricken  offby  legislative  enl 
actment,  from  any  organized  county  or  counties,  for  the  purpose  of  form] 
ing  a  new  county,  and  such  new  county  shall  remain  unorganized  aftej 
the  period  enacted  for  such  organization  to  take  place,  then  such  territc 
ry  so  stricken  off  shall  be  and  remain  a  part  and  portion  of  the  count^ 
or  counties  from  which  it  was  originally  taken,  for  all  the  purposes  o"| 
county  and  state  government,  and  to  participate  in  all  the  immunitiej 
thereof,  until  otherwise  provided  by  law." 

Mr.  Singleton  moved  to  add  the  following  proviso  to  the  substitute: 
"Provided,  the  legislature  may>  upon  the  application  of  a  majority  ol 
the  legal  voters  of  any  district  of  county,  attach  said  district  to  any  othe) 
county,  or  form  a  new  county;  Provided,  the  county  lines  are  not  thereby 
so  altered  as  to  run  within  ten  miles  of  any  county  seat  permanently 
tahlished." 

The  question   was  taken,  by   yeas  and  nays,  on  the  adoption  of  th< 
proviso, 

...  35 

...  96 


And  decided  in  the  negative,        l^0'18' 

(IN  ays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Atherton 
Blair 

Brockman 
Brown 
Z.  Casey 
Grain 

S.  J.  Cross 
C.  Edwards 
Graham 
P.  Green 
Gregg 
Harlan 


Mr.  Hay 
Holmes 
James 
Kenner 
S.  Kinney 
McHatton 
F.  S.  D.  Marshall 
Mason 
Mieure 
Minshall 
Moffett 
Moore 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Ballingall 
Blakely 
Bosbyshell 
Bunsen 

J.  M.  Campbell 
T.  Campbell 
Carter 
Choate 
Church 
Churchill 
Colby 
R.  J,  Cross 
Dale 
D.  Davis 


Mr.  J.  M.  Davis 
Dawson 
Dement 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Frick 
Geddes 
H.  R.  Green 
Grimshaw 
Harding 
Harper 
Harvey 
Hatch 
Hawley 


Mr.  Morris 
Nichols 
Powers 
Pratt 
Roman 
Sharpe 
Singleton 
J.  Smith 
Thompson 
Whiteside 
Mr.  President* 


Mr.  Hayes 
Heacock 
Hogue 
Hunsaker 
Huston 
Jackson 
Jones 
Judd 

A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Linley 
Lockwood 


lugust  20.  J     JOURNAL  OF  THE  CONVENTION. 


437 


Lo^an 

Loudon 

McCallen 

Me  Cully 

McClure 

Manly 

Markley 

T.  A.  Marshall 

Miller 

Northcott 

Oliver 

Pace 

H.  D.  Palmer 

Peters 

Rives 


Mr.  Robbins 
Robinson 
Ro  untrue 
Servant 
Shields 
Shuraway 
Sibley 
Sim 

Simpson 
Singleton 
Spencer 
Stadden 
Swan 
Thomas 


Mr.  Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Vernor 
Wead 
Webber 
West 
Williams 
Witt 
Whitney 
Woodson. 


The  question  was  taken  OR  the  adoption  of  the  substitute,  and  deci- 
led  in  the  affirmative. 

Mr.  Markley  proposed  to  add  the  following  proviso  to  the  first  section 
as  amended: 

"Provided,  hozoever,  that  a  county  may  be  divided  into  two  counties 
whenever  a  majority  of  the  legal  voters  of  such  county  shall  be  in  favor  of 
he  same,  when  each  of  said  counties  shall  contain  not  less  than  four  hun- 
[red  square  miles  and  have  a  population  of  not  less  than  six  thousand.  " 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  oi  the 
proviso, 


And  decided  in  the  negative, 
Those  voting  in  the  affirmative,  are. 


Nays, 


Mr.  Allen 
Anderson 
Armstrong 
AthertQR 
Blair 

Brockman 
Brown 
Z    Casey 
Choate 
Churchill 
Colby 
Grain 

R.  J.  Cross 
Dale 
Dement 
Dunsmore 
C.  Edwards 
Graham 
P.  Green 
W.  B.  Green 
Harding 


Mr,  Harvey 
Hatch 
Hay 

Heacock 
Hogue 
Holmes 
Hunsaker 
Huston 
Jenkins 
Kenner 
S.  Kinr.ey 
Knox 
Kreider 
Lasater 
Laughlia 
Lemon 
McCallen 
McHatton 
Markley 
Mason 
Miller 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

-ballingall 
Blakely 
Bosbyshell 
feunsen 


Mr.  J.  M.  Campbell 
T.   Campbell 
Carter 
S.  J.  Cross 
D.  Davis 


Mr.  Minshall 
Moffett 
Moore 
Oliver 
Powers 
Pratt 
Roman 
Rountree 
Simpson 
Singleton 
J.  Smith 
Turnbull 
Turner 
Tuttle 
Vance 
Vernor* 
Witt 

Whiteside 
Whitney 
Mr.  President 


Mr.  Dawson 
Dummer 
Dunlap 
Dunn 
Eccles 


43S  JOURNAL  OF  THE  CONVENTION.      [August  2€ 

Mr.  N.  W.   Edwards  Mr.  Lander  Mr.  Robbing 

Frick  Linley  Robinson     , 

Geddes  Lockwood  Servant 

H.  R.  Green  Logan  Shields 

Gregg  McCully  Sibley 

Grimshaw  McClure  Sim 

Harlan  Manly  Spencer 

Harper  F.  S.  D.  Marshall  Swan 

Hawley  T.  A.  Marshall  Thomas 

Hayes  Mieure  Thompson 

Hurl  but  Morris  Thornton 

Jackson  Northcott  Trower 

James  Norton  Wead 

Judd  H.  D.  Palmer  Webber 

Kitchell  J.  M.  Palmer  West 

A.  R.  Knapp  Peters  Woodson. 

N.  M.  Knapp  Rives 

Mr.  Tultle  offered  the  following  as  an  amendment  to  the  additiona 
section: 

"SEC. — .  There  shnll  be  no  territory  stricken  from  any  county  unles 
a  majority  of  the  voters  living  in  such  territory  shall  petition  for  such  d 
vision." 

Mr.  Lemon  moved  to  add  the  following  to  said  amendment. 

"And  no  territory  shall  be  added  to   any  county  without   the  consen 
of  thejcounty  to  which  it  is  added.'' 

The   question  was  taken  on   the  adoption  of  the  amendment    to   th 
amendment,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Logan, 

The  main  question  was  ordered. 

The  question  was  taken  on  the  adoption  of  the  amendment,  as  amendec 
and  decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption   of  the  additional  section,  a 
amended,  and  decided  in  the  affirmative. 

Mr%  Whiteside  moved  to  add  the  following  to  the  second  section. 

44 The  legislature  shall  at  the  next  session  alter  the  adoption  of  this  con 
stitution,  proceed  to  lay  off  the  state  into  sixty  counties,  as  nearly  in  a 
square  form  as  practicable,  and  when  so  laid  off,  shall  be  permanently  es 
tablished.  The  foregoing  section  shall  be  voted  upon  separately  at  th 
election  of  adoption  of  this  constitution,  and  if  it  shall  receive  a  majority 
of  all  the  votes  cast  for  and  against  it,  it  shall  become  a  permanent  pro 
vision  and  supersede  all  others  coming  in  conflict  with  the  same." 
On  motion  of  Mr.  Shields, 

The  previous  question  was  ordered. 

The  question  was  taken,    by  jeas  and  nays,  on  the  adoption   of  the 
amendment,  offered  by  Mr.  Whiteside, 

And    ecidcd  in  the  negative,       \  MM  v«' 


20.]         JOURNAL  OF  THE  CONVENTION. 


439 


Those  voting  in  the  affirmative,  are, 


Mr.  Atherton 
JBosbyshell 
Brown 
T.  Campbell 
Carter 
Churchill 
C.  Edwards 
Farwell 
Geddes 
Hurlbut 


Mr.  James 
Judd 

S.  Kiimey 
Lemon 
Logan 
Mason 
Peters 
Powers 
Pratt 
Robbins 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Ballingall 
Blair 
Blakely 
Brockman 
Bunsen 

J.  M.  Campbell 
Z.  Casey 
Choate 
Church 
Crain 

R.  J.  Cross 
S.  J.  Cross 
Dale 
D.  Davis 
J.  M.  Davis 
Dawson 
Dement 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Frick 
Graham 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Gregg 


Mr.  Grimshaw 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Henderson 
Hoes 
Holmes 
Hunsaker 
Huston 
Jenkins 
Jones 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Laughlin. 
Linley 
Lockweod 
Loudon 
McCallen 
McCully 
McClure 
McHattoa 
Manly 


Mr.  Roman 
Servant 
Sharpe 
Singleton 
Turner 
Vance 
Whiteside 
Whitney 
Woodson 
Mr.  President. 


Mr,  Markley 

F.  S.  D,  Marshall 

Mieure 

Miller 

Minshall 

MofFett. 

Moore 

Morris 

Northcott 

Norton 

Oliver 

Pace 

H.  D.  Palmer 

Rives 

Robinson 

Rountree 

Shields 

Sibley 

Sim 

Spencer 

Stadden 

Swan 

Thomas 

Thornton 

Trower 

Turnbuli 

Tuttle 

Vernor 

Webber 

West 

Witt 

Worcester. 


The  question  was  taken  on  the  adoption  of  the  second  section,  and  deci- 
ded in  the  affirmative. 

On  motion  of  Mr.  Eccles, 
The  remaining  sections  of  the  majority  report  were  laid  on  the  table. 

On  motion  of  Mr.  Thomas, 

The  sections  adopted  were  referred  to  the  committee  on  the  Revision 
and  Adjustment  of  the  Articles  of  the  Constitution. 

On  motion  of  Mr.  Woodson, 

The  report  of  the  committee  on  Law  Reform,  as  made  by  Mr.  N.  M. 
Knapp,  was  taken  from  the  table. 

The  question  was  taken  on  the  adoption  of  the  first  article  and  section 
of  the  report,  and  decided  in  the  affirmative. 


440  JOURNAL  OF  THE  CONVENTION.        [August  21. 

The  question  was  consecutively  taken  on  the  adoption  of  the  first  and 
second  sections  of  ihe  second  article,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Logan, 

The  third  section  was  amended  by  striking  out  the  word  "herein,'' 
wherever  it  occurred. 

The  question  was  taken,  and  the  third  section  adopted. 

Mr.  McCallen  moved  to  amend  the  fourth  section  by  striking  out  the 
word  "one,"  in  the  filth  line. 

The  question  was  taken,  and  the  amendment  rejected. 

Mr..  F.  S,  D.  Marshall  moved  to  amend  the  same  section  by  strildnj 
out  all  that  part  of  the  section  commencing  with  the  word  "every,"  a,n< 
ending  with  the  word  "office." 

The  question  was  taken,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Logan, 

The  same  section  as  amended  was  further  amended  by  striking  out  all 
after  the  word  "office,"  in  the  fifth  line. 
On  motion  of  Mr.  Brown, 

The  same  section  was  amended  by  inserting  after  the  word  "state,'7  in 
the  first  line,  the  words  "civil  or  military." 

The  question  was  taken  on  the  adoption  of  the  fourth  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  preamble,  and  decided 
in  the  affirmative. 

On  motion  of  Mr.  Thomas, 

The  preamble  and  articles  as  amended  were  referred  to  the  committee 
on  the  Revision  and  Adjustment  of  the  Articles  of  the  Constitution. 
On  motion  of  Mr.  Peters, 

The  report  of  the  select  committee  on  the  Organization  of  Townships 
and  the  Management  of  County  Affairs,  was  taken  from  the  table  for  con- 
sideration. 

The  question  was  consecutively  taken  on  the  adoption  of  the  first  anc 
second  sections,  and  decided  in  tho  affirmative. 

Mr.  Logan  moved  to  reconsider  the  vote  taken  on  the  adoption  of  the 
first  section. 

On  motion, 

The  convention  adjourned. 

SATURDAY,  AUGUST  21,  1847. 

The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Barger. 

The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  Colby, 

The  rules  were  temporarily  suspended  to  enable  him  to  offer  a  resolu- 
tion. 

Mr.  Colby  then  offered  the  following  resolution: 

"Resolved,  that  five  thousand  of  the  fifty  thousand  copies  of  the  consti- 
tution ordered  to  be  printed  by  this  convention,  be  printed  in  the  German 
language." 


August  21.]          JOURNAL  OF  THE  CONVENTION. 


441 


Mr.  Hurlbut  moved  to  add,  "and  one  thousand  in  the  Norwegian  lan- 
guage." 

On  motion, 

The  previous  question  was  ordered. 

Tiie  question  \vas  taken,  by  yeas  and  nays,  on  the  adoption  of  the  amend- 
ment proposed  by  Mr.  Hurlbut, 

And  decided  in  the  affirmative,          as'       * 


Those  voting  ii 

i  the  affirmative,  are, 

Mr.  Armstrong 

Mr.  Harlan 

Mr.  Norton 

Bailmgall 

Harper 

Pace 

Blakely 

Harvey 

H.  D.  Palmer 

Bond 

Hatch 

J.  M.  Palmer 

Sosbyshell 

Heacock 

Peters 

Brown 

Henderson 

Pinckney 

Bunsen 

Hill 

Powers 

J.  M.  Campbell 

Holmes 

Pratt 

T.  Campbell 

Hurlbut 

Rives 

Z.  Casey 

Huston 

Robbins 

Choate 

Jackson 

Robinson 

Church 

Kenner 

Roman 

Churchill 

S.  Kinney 

Rountree 

Colby 
Constable 

N.  M.  Knapp 
Knowlton 

Shu  in  way 
Simpson 

Grain 

Knox 

E.  O    Smith 

R.  J.  Cross 

Kreider 

J.  Smith 

S.  J.  Cross 

Lander 

Spencer 

Dale 

Laughlin 

Stadden 

D.  Davis 

Lockwood 

Thomas 

J.  M.   Davis 

Logan 

Thornton 

Deitz 

McCallen 

Turnbull 

Du  miner 
Dunsmore 

McCully 
McClure 

Turner 
Vernor 

C.  Edwards 

McHatton 

Webber 

Evey 
Farwell 

Markley 
Mason 

West 
Williams 

Frick 

Miller 

Whiteside 

Gecldes 

Minshall 

Whitney 

H.  R.  Green 

Moore 

Woodson 

W.  B.  Green 

Nichols 

Worcester 

Gre^g 

North  cott 

Mr.  President. 

Harding 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  Hay 

Mr.  T.  A.  Marshall 

Akin 

Hayes 

Mieure 

Allen 
Anderson 

Hogue 
Hunsaker 

Moffett 
Morris 

Atherton 

James 

Oliver 

Brockinan 

Jenkins 

Servant 

Canady 

Jones 

Shields 

Carter 

Judd 

Sibley 

Dawson 

Kite  hell 

Sim 

Dunn 

A.  R.  Knapp 

Singleton 

Eccles 

Lasater 

Swan 

N.   W.  Edwards 

Lemon 

Thompson 

Graham 

Linley 

Tuttle 

P.  Green 

Loudon 

Vance 

Grimshaw 

Manly 

Witt. 

Hawley 

F.  S.  Marshall 

442 


JOURNAL  OF  THE  CONVENTION.         [August  21. 


The  question   was   taken,   by  yeas  and   nays,  on  the  adoption  of  the 
resolution,  as  amended, 


And  decided  in  the  affirmative, 

' 


j 
(Nays, 


113 
33 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 

Mr.  Gregg 
Harding 

•    Anderson 

Harlan 

Archer 

Harper 

Armstrong 
Ballingall 

Harvey 
Hatch 

Blakely 
Bond 

Hawley 
Heacock 

Bosbyshell 

Henderson 

Brown 

Hill 

Bunsen 

Hoes 

J.  M.  Campbell 

Holmes 

T.  Campbell 

Hunsaker 

Canady 

Hurlbut 

Carter 

Huston 

Z.  Casey 

James 

Choate 

Jenkins 

Church 

S.  Kinney 

Churchill 

Kitchell 

Colby 

N.  M.  Knapp 

Crain 

Knowlton 

R.  J.  Cross 

Knox 

S.  J.  Cross 

Kreider 

Dale 

Lander 

D.  Davis 

Laughlin 

J.  M.  Davis 

Lemon 

Deitz 

Logan 

Dummer 

McCallen 

Dunlap 

McCully 

Dunsmore 

McClure 

Eccles 

McHatton 

C.  Edwards 

Manly 

Evey 

Markley 

Farwell 

T.  A.  Marshall 

Frick 

Mason 

Geddes 

Mieure 

H.  R.  Green 

Miller 

W.  B.  Green 

Minshall 

Those  voting  in 

the  negative,  are, 

Mr.  Adams 

Mr.  Hayes 

Atherton 

Hogue 

Blair 

Jackson 

Brockman 

Jones 

Dawson 

Judd 

Dunn 

Kenner 

N.  W.  Edwards 

A.  R.  Knapp 

Graham 

Lasater 

P.  Green 

Linley 

Grimshaw 

Lockwood 

Hay 

Loudon 

Mr.  Moffett 
Moore 
Morris 
Northcott  • 
Norton 
Pace 

H,  D.  Palmer 
,J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robbins 
Robin?on 
Roman 
Rouritree 
Servant 
Sharpe 
Shumway 
Sim 

Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Thomas 
Thornton 
Turn  bull 
Tuttle 
Vernor 
Webber 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson. 
Worcester 
Mr.  President. 


Mr.  F.  S.  D.  Marshall 
Oliver 
Pinckney 
Rives 
Shields 
Sibley 
Singleton 
Swan 
Thompson 
Turner 
Vance. 


August  21.]        JOURNAL  OF  THE  CONVENTION.  443 

Mr.  McCallen  moved  that  the  rules  be  suspended,  to  enable  him  to  offer 
a  resolution  to  provide  for  the  printing  of  one  thousand  copies  of  the  re- 
vised constitution  in  the  Irish  and  French  languages. 

The  question  was  taken,  by  yeas  and   nays,  on  suspending  the  rules, 


And  decided  in  the  negative. 


<Yeas, 
(Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Ballingall 
Bond 
Brown 
Bunsen 
T.  Campbell 
Churchill 
Colby 
Grain 

8.  J.  Cross 
Dale 

J.  M.  Davis 
Farwell 
H.  R.  Green 
Harding 
Huston 
Jenkins 


Mr.  Judd 

Knowlton 

Knox 

Kreider 

Lemon 

Linley 

Lockwood 

Logan 

McCallen 

McCully 

Markley 

Mason 

Mieure 

Miller 

Moore 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Bosbyshell 
Brockman 
J.  M.  Campbell 
Canady 
Carter 
Z.  Casey 
Choate 
Church 
R.  J.  Cross 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 


46 

85 


Mr.  Northcott 
Norton 

H.  D.  Palmer 
J.  M.  Palmer 
Rives 
Rountree 
Servant 
Shumway 
Singleton 
E.  O.  Smith 
Stadden 
Swan 
Thornton 
Tuttle 
Mr.  President. 


Mr.  Graham 

Mr.  Minshall 

Geddes 

Motfett 

P.    Green 

Morris 

Gregg 

Oliver 

Grimshaw 

Pace 

Harlan 

Peters 

Haroer 
Hatch 

Pinckney 
Powers 

Hawley 

Pratt 

Hay 

Robbins 

Hayes 

Robinson 

Heacock 

Roman 

Henderson 

Shields 

Hill 

Sibley 

Hogue 

Sim 

Hunsaker 

Simpson 

Hurlbut 

Spencer 

James 

Thompson 

Jones 

Turnbull 

Kenner 

Turner 

S.  Kmney 

Vance 

Kitchell 

Vernor 

A.  R.  Knapp 

Webber 

Lasater 

Witt 

McClure 

Whiteside 

McHatton 

Whitney 

Manly 

Woodson 

F.  S.  D.  Marshall 

Worcester. 

T.  A.  Marshall 

444  JOURNAL  OF  THE  CONVENTION.       [August  21. 

On  motion  of  Mr.  Logan, 

The  vote  taken  on  the  adoption  of  a  resolution  some  days  since,  fixing 
the  day  of  final  adjournment,  was  reconsidered. 

Mr.  Logan  moved  to  amend  the  resolution   by  striking  out  the  words 
"twenty  fifth,  and  by  inserting  in  lieu  of  them  the  word  "thirtieth." 
On  motion, 

The  previous  question  was  ordered. 

Mr.  Hurlbut  called  for  a  division,  so  as  vote  first  on  striking  out. 

The  question  was  taken  on  strj^ing  out  the  words  "twenty-fifth, "  and 
decided   in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  inserting  the  word  "thir- 
tieth," 


And  decided  in  the  negative, 


(Yeas,         ....         53 
(Nays,         ....         89 


Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Harvey  Mr.  J.  M.  Palmer 

Allen  Hayes  Powers 

Anderson  Hil'l  Pratt 

Archer  Holmes  Bobbins 

Atherton  Hunsaker  Robinson 

Blair  Jackson  Roman 

Brockman  James  Shields 

Bunsen  Jones  Shumway 

Caldwell  Laughlin  Sim 

Canady  Liriley  J.  Smith 

Carter  Logan  Spencer 

Z.  Casey  McCully  Thornton 

Choate  Manly  Trower 

Church  Miller  Vance 

Dale  Morris  "Vernor 

Dunlap  Nichols  Webber 

Dunn  Oliver  Whitney 

N.  W.  Edwards  Pace  Woodson 

Frick  H.  D.  Palmer  Mr.  President. 
Harding 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Dunsmore  Mr.  Henderson 

Armstrong  Eccles  Hogue 

Ballingall  C.  Edwards  Hurlbut 

Blakely  Evey  Huston 

Bond  Farwcll  Jenkins 

Bosbyshell  Graham  Judd 

Brown  Geddes  Kenner 

J.  M.  Campbell  H.  R.  Green  S.  Kinney 

T.  Campbell  P.  Green  Kitchell 

Churchill  W    B.  Green  A.  R.  Knapp 

Colby  Gregg  N.  M.  Knapp 

Grain  Grimshaw  Knovvlton 

R.  J.  Cross  Harlan  Knox 

S.  J.  Cross  Harper  Kreider 

D.  Davis  Hatch  Lander 

J.  M.  Davis  Hawley  Lasater 

Dawsou  Hay  Lemon 

Dummer'  Heacock  Lockwood 


August  21.]       JOURNAL  OF  THE  CONVENTION.  415 

Mr.  London  Mr.  Norton  Mr.  Thomas 

McCallen  Pe'ers  Thompson 

McClure  Pinckney  Turnbull 

Markley  Rives  Turner 

F.  S.  D    Marshall  Rountree  Tuttle 

T.  A.  Marshall  Servant  Wead 

Mason  Sibley  West 

Mieure  Simpson  Williams 

Minshall  Singleton  Witt 

Moffett  E.  O.  Smith  Whiteside 

Moore  Stadden  Worcester. 

Nortkcott  Swan 

The  question  was  taken  on  the  adoption  of  the  resolution  as  amended, 
and  deci'led  in  the  affirmative. 

The  rules  having  been  temporarily  suspended,  Mr.  Logan  offered  the 
following  resolution: 

•'Resolved,  that  the  president  of  the  convention  make  out  and  file  with 
the  auditor  his  certificate  of  the  pay  due  each  member  and  officer  of  the 
convention,  up  to  the  thirtieth  instant,  inclusive;  Provided,  that  the  audi- 
tor issue  no  such  warrants  until  that  time." 

Mr.  Witt  moved  to  lay  the  resolution  on  the  table. 
The  question  was  taken,  and  decided  in  the  negative. 
The  question  was  taken,  and  the  resolution  adopted. 

On  motion  of  Mr.  R.  J.  Cross, 

The  vote  adopting  a  resolution  some  days  since,  providing  that  members 
shall  certify  upon  honor  to  the  president  the  number  of  days  they  have 
been  absent  from  the  meetings  of  the  convention,  was  reconsidered. 

On  motion  of  Mr.  Witt, 
The  resolution  was  laid  on  the  table. 

Mr.  Hayes  moved  that  the  rules  be  temporarily  suspended,  to  enable 
him  to  introduce  a  resolution  providing  that  hereafter  no  new  business 
shall  be  introduced,  &c. 

The  question  was  taken,  and  the  convention  refused  to  suspend'  the 
rules. 

Mr.  Geddes  moved  that  the  rules  be  suspended,  to  enable  him  to  offer  a 
resolution. 

The  question  was  taken,  and  the  convention  refused  to  suspend  the 
rules. 

The  convention  resumed  the  consideration  of  the  report  of  the  commit- 
tee on  the  Organization  of  Townships,  &c. 

The  question  pending  when  the  convention  adjourned  on  yesterday, 
was  on  the  motion  made  by  Mr.  Logan  to  reconsider  the  vote  adopting 
the  first  section. 

The  question  was  taken,  and  decided  in  the  affirmative. 
Mr.  Wead  moved  to  amend  the  first  section  by  inserting  after  the  word 
**by,"  in  the  first  line,  the  words  ua  general;"  by  striking  out  the  word 
uother,"  in  the  second  line,  and  inserting  in  lieu  thereof  the  word  "local;" 
and  by  adding  at  the  end  of  the  section  the  words  "by  a  majority  of  the 
qualified  electors  of  such  county." 

Mr.  Woodson  moved  to  lay  the  first  section  and  the  amendments  there- 
to on  the  table. 
The  question  was  taken,  and  decided  in  the  negative. 


446 


JOURNAL  OF  THE  CONVENTION.       [August  %l. 


The  question  was  taken  on  the  adoption  of  the  amendments,  and  deci- 
ded in  the  affirmative. 

Mr.  Knowlton  moved  to  strike  out  the  first  section,  and  insert  in  lieu 
thereof  the  following: 

"The  legislature  shall  provide  bylaw  that  the  legal  voters  of  any  coun- 
ty in  this  state  may  adopt  a  township  form  of  government  within  each  coun- 
ty by  a  majority  of  votes  cast  at  any  general  election  within  said  county.'* 
On  motion  of  Mr.  Witt, 

The  previous  question  was  ordered. 

The  question  was  taken  on  the  adoption  of  the  substitute,  and  decided 
in  the  affirmative. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  first 
section  as  amended, 


And  decided  in  the  affirmative, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Atherton 
Ballingall 
Blakely 
Bosbyshell 
Brockman 
Brown 
Bunsen 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Carter 
Choate 
Church 
Churchill 
Colby 
R.  J.  Cross 
Dale 
D.  Davis 
Deitz 
Dummer 
Dunn 
Dunsmore 
C.  Edwards 
Farwell 
Frick 
Graham 
Geddes 


Mr.  H.  R.  Green 
P.  Green 
Gregg 
Harding 
Harlan 
Harper 
Hatch 
Hawley 
Heacock 
Henderson 
Hill 
Hoes 
Hurlbut 
Huston 
Jackson 
Judd 

S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Laughlin 
Lockwood 
McClure 
McHatton 
Manly 
Markley 
T.  A.  Marshall 


Mr.  Mason 
Miller 
Mmshall 
Moffett 
Moore 
Morris 
Nichols 
North  cott 
Norton 
Peters 
Pinckney 
Powers 
Sibley 
Sim 

J.  Smith 
Spencer 
Stadden 
Swan 

Thompson 
Trower 
Turner 
Vance 
Wead 
Webber 
West 
Williams 
Witt 

Whiteside 
Worcester. 


87 
52 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 
Blair 
Bond 
Brockman 
Zadok  Casey 
Cram 


Mr.  S.  J.  Crosa 
J.  M.  Davis 
Dawson 
Dunlap 
Eccles 

N.  W.  Edwards 
Evey 
Harvey 


Mr.  Hayes      ' 
Hogue 
Hunsaker 
James 
Jenkins 
Jones 
Kenner 
Kitchell 


August  21.]         JOURNAL  OF  THE  CONVENTION.  447 

Mr.  Lander  Mr.  Pace  Mr.  Simpson 

Lasater  H.  D.  Palmer  Singleton 

Lemon  J.  M.  Palmer  Thomas 

Logan  Rives  Thornton 

Louclon  Robbins  Tuttle 

McCallen  Robinson  Vernor 

Me  Cully  Roman  Whitney 

F.  S.  D.  Marshall  Shields  Woodson 

Mieure  Shumway  Mr.  President. 
Oliver 

On  motion  of  Mr.  Hogue, 
The  vote  taken  on  the  adoption  of  the  second  section  was  reconsidered. 

On  motion  of  Mr.  J.  M.  Davis, 
The  remainder  of  the  report  was  laid  on  the  table. 

On  motion  of  Mr.  Caldwell, 

The  following  proviso  was  adopted  as  an  addition  to  the  first  section  as 
amended: 

"Provided^  that  the"  legislature  may,  by  the  consent  of  the  state  of  Ken- 
tucky, provide  for  concurrent  jurisdiction  on  the  river  Ohio  as  far  as  the 
same  is  a  boundary  of  this  state,  or  in  the  event  the  state  of  Kentucky 
shall  consent  that  the  jurisdiction  of  this  state;  shall  extend  to  the  middle  or 
some  other  suitable  line  along  said  river  as  far  as  the  same  is  a  boundary 
of  this  state.0 

On  motion  of  Mr.  Hogue, 

The  first  section  as  amended  was  referred  to  the  committee  on  the  Re- 
vision and  Adjustment  of  the  Articles  of  the  Constitution. 

On  motion  of  Mr.  McCallen, 

The  report  of  the  committee  on  \^Q  Bill  of  Rights  was  taken  from  the 
table  for  consideration. 

The  question  was  taken  on  the  adoption  of  the  first  section,  and  deci- 
ded in  the  affirmative. 

Mr.  A.  R.  Knapp  moved  that  the  report  be  referred  to  a  committee  of 
the  whole. 

The  question  was^taken,  by  yeas  and  nays, 

And  decided  in  the  negative,  6*8 


Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  P.  Green  Mr.  Moore 

Anderson  Gregg  Northcott 

Armstrong  Harding  Norton 

Blakely  Harlan  H.  D.  Palmer 

Bosbyshell  Hatch  J.  M.  Palmer 

Brockman  Heacock  Peters 

Brown  Henderson  Rives 

Church  Hogue  Sibley 

Churchill  Judd  Stadden 

Colby  S.  Kinney  Swan 

Crain  A.  R.  Knapp  Thomas 

R.  J.  Cross  N.  M.  Knapp  Thornton 

S.  J.  Cross  Knowlton  Turnbull 

D.  Davis  Lockwood  Turner 

J.  M.  Davis  Loudon  Tuttle 

Deitz  McCallen  Wead 

Dummer  McClure  West 

Dunsmore  Mason  Williams 

C.  Edwards  Mieure  Whitney 

Geddes  Miller  Mr.  President. 

H.  R.  Gretn  Minshall 


448  JOURNAL  OF  THE  CONVENTION.       [August  21. 
Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Hunsaker                            Mr.  Nichols 

Allen  Huston  Oliver 

Atherton  Jackson  JRobbins 

Blair  James  Robinson 

Bond  Jenkins  Roman 

Bunsen  Jones  Rountree 

Carter  Kenner  Sharpe 

Z.  Casey  Kitchell  Shields 

Choate  Ktiox  Sim 

Dale  Kreider  Simpson 

Dawson  Lander  Singleton 

Dunlap  Lasater  J.  Smith 

Dunn  Laughlin  Spencer 

N.  W.  Edwards  Lemon  Trower 

Evey  Logan  Vance 

Frick  Me  Cully  Vernor 

Graham  McHatton  Webber 

Harper  Manly  VVitt 

Harvey  F.  S.  D.  Marshall  Whiteside 

Hawley  T.  A.  Marshall  Woodson 

Hayes  Moffett  Worcester. 

Hill  Morris 

On  motion, 
The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  p.  M, 


The  convention  assembled  pursuant  to  adjournment. 
On  motion  of  Mr.  J.  M.  Campbell, 

A  call  of  the  convention  was  ordeied. 

The  cali  having  been  proceeded  in,  the  following  gentlemen  were  found 
to  be  absent: 

Messrs.  Anderson,  Archer,  Bond,  Brockman,  Butler,  Canady,  Carter, 
F.  S.  Casey,  Colby,  T.  G.  C.  Davis,  Dement,  Dunlap,  Edmonson,  Evey, 
Farwell,  Grimshaw,  Henderson,  Hoes,  Hurlbut,  W.  C.  Kinney,  N.  M. 
Knapp,  Loudon,  Mason,  Matheny,  Miller,  Moore,  Pace,  J.  M.  Palmer, 
Servant,  Sherman,  E.  O.  Smith,  j.  Smith,  Vance,  and  West — 32. 
On  motion, 

Further  proceedings  under  the  call  were  dispensed  with. 
On  motion  of  Mr.  Thorn-is, 

The  vote  on  the  adoption  of  the  first  section  of  the  Bill  of  Rights  was 
reconsidered: 

The  rules  having  been  temporarily  suspended, 
On  motion  of  Mr.  C.  Edwards, 

The  report  of  the  committee  on  the  Organization  of  Departments,  &c. 
as  adopted  by  the  convention,  was  taken  from  the  table  and  referred  to 
the  committee  on  the  Revision  and  Adjustment  of  the  Articles  of  the  Con- 
stitution. 

The  convention  resumed  the  consideration  of  the  report  of  the  com- 
mittee on  the  Bill  of  Rights. 


August  21.]      JOURNAL  OF  THE  CONVENTION.  449 

On  motion  of  Mr.  Thomas, 

The  8th  article  of  the  constitution  was  substituted  for  consideration  in 
lieu  of  the  report. 

On  motion  of  Mr.  N.  W.  Edwards, 

Ordered,  That  the  article  be  considered  by  sections. 

The  question  was  taken  on  the  adoption  of  the  first  section^  and  deci- 
ded in  the  affirmative. 

Mr.  Hayes  moved  to  amend  the  second  section  by  adding  thereto  the- 
following: 

"  And  they  have  the  right  at  all  times  to  alter,  reform,  or  abolish  their 
form  of  government,  whenever  the  public  good  may  require  it. 

Mr.  Harvey  moved  to  amend  the  amendment  by  adding  thereto  the 
words  "  in  conformity  to  this  constitution." 

The  question  was  taken,  and  the  amendment  to  the  amendment  rejec- 
ted. 

Mr.  Kitchell  offered  the  following  as  a  substitute  for  the  section  and 
amendment. 

"  That  all  political  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  instituted  for  their  peace,  safety, 
and  happiness,  for  the  advancement  of  those  ends  they  have  an  inalienable 
and  indefeasible  right  to  alter,  reform  or  abolish  the  government  in  such 
manner  as  they  may  think  proper." 

Mr.  Hayes  accepted  the  amendment  as  a  modification  of  his  own. 

Mr.  A.  ft.  Knapp  moved  to  substitute  for  the  amendment  the  following: 

"All  political  power  is  inherent  in  the  people,  and  government  is  insti- 
tuted for  the  protection,  security,  and  benefit  of  the  people,  and  they  have 
the  right  at  all  times  to  alter  or  reform  the  same  whenever  the  public 
good  may  require  it." 

The  question  was  taken,  by  yeas  'and  nays,  on  the  adoption  of  the 
substitute  proposed  by  Mr.  A.  R.  Knapp, 

And   decided  in  the  negative, 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Hunsaker  Mr.  Northcott 

Anderson  Hurlbut  Norton 

Atherton  Jackson  Rives 

Bond  Jones  Roman 

Church  Judd  Rountree 

R.  J.  Cross  Kenner  Shields 

D.  Davis  S.  Kinney  Sim 

J.  M.  Davis  A.  R.  Knapp  Spencer 

Deilz  N.  M.  Knapp  Swan 

Dummer  Knowlton  Thomas 

Dunsmore  Knox  Thornton 

Eccles  Lander  Trower 

Geddes  Lemon  Turnbull 

H.  R.  Green  Lockwood  Vance 

Grimshaw  Logan  Webber 

Harding  F.  S.  D.  Marshall  West 

Harper  T.  A.  Marshall  Williams 

Harvey  Mieure  Whitney 

Heacock  Minshall  Woodson. 

Hill  Moffett 

29 


450 


JOURNAL  OF  THE  CONVENTION. 


Those  voting  in  the  negative,  are, 


Mr.  Allen 

Armstrong 

Ballingall 

Blair 

Blakely 

Bosbyshell 

Brockman 

Brown 

Bunsen 

Caldwell 

J.  M.  Campbell 

T.  Campbell 

Carter 

Z.  Casey 

Choate 

Churchill 

Colby 

Grain 

S.  J.  Cross 

Dale 

Dunn 

C.  Edwards 

N.  W.  Edwards 

Evey 

Farwell 


Mr.  Frick 
Graham 
P.  Green 
Gregg 
Hatch 
Hawley 
Hay 
Hayes 
Henderson 
Hogue 
Huston 
James 
Jenkins 
Kitchell 
Kreider 
Lasater 
Laugh  1  in 
Linley 
McCallen 
McCully 
McClure 
McHatton 
Markley 
Mason 


Mr.  Miller 
Moore 
Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Pratt 
Robbins 
Robinson 
Scates 
Sh  urn  way 
Simpson 
Stadden 
Thompson 
Turner 
Vernor 
Wead 
Witt 

Whiteside 
Worcester 
Mr.  President. 


The  question  was   taken,   by  yeas   and   nays,  on  the  adoption  of  the 
substitute  proposed  by  Mr.  Hayes, 


And  decided  in  the  negative, 


75 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Alien 
Armstrong 
Ballingall 
Blakely 
Bosbyshell 
Brockman 
Caldwell 
J.  M.  Campbell 
Carter 
Z.  Casey 
Choate 
Churchill 
Colby 
Grain 

S.  J.  Cross 
Dale 

N.  W.  Edwards; 
Evey 


Mr.  Farwell 
Frick 

H.  R.  Green 
Gregg 
Hatch 
Hawley 
Hayes 
Heacock 
Henderson 
Hogue 
Huston 
James 
Jenkins 
Kitchell 
Kreider 
Lasater 
Laughlin 
Linley 
McCallen 


Mr.  McCully 
McClure 
McHatton 
Markley 
Moore, 
Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Servant 
Shumway 
Stadden 
Thompson 
Wead 
Webber 
Whiteside 
Worcester 
Mr.  President. 


August  23.]        JOURNAL  OF  THE  CONVENTION. 
Those  who  voted  in  the  negative,  are, 


451 


Mr.  Adams 
Anderson 
Atherton 
Blair 
Bond 
Brown 
Bunsen 
Church 
D.  Davis 
J.  M.  Davis 
Deitz 
Durnmer 
Dunn 
Dunsmore 
Eccles 
C.  Edwards 
Graham 
Geddes 
P.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Harvey 
Hay 


Mr.  Hill 

Hunsaker 
Hurlbut 
Jones 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Kciapp 
Knowlton 
Knox 
Lander 
Lemon 
Lockwood 
Logan 

F.  S.  D.  Marshall 
I  T.  A.  Marshall 
Mason 
Mieure 
Miller 
Minshali 
Moffett 
Northcott 
Norton 
Peters 


Mr.  Pinckney 
Powers 
Rives 
Robbina 
Robinson 
Roman 
Rountree 
Shields 
Sim 

Simpson 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
TurnbuU 
Turner 
Turtle 
Vance 
Vernor 
West 
Witt 
Whitney 
Woodsoa, 


The  question  was  taken,  and  the  second  section  adopted. 

On  motion, 
The  convention  adjourned  until  Monday  morning,  8  o'clock, 

MONDAY,  AUGUSTA,  1S47. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.Tl.  D.  Palmer,  a  member. 

The  journal  of  Saturday  was  read. 

The  rules  having  been  temporarily  suspended, 

Mr.  Dale  presented  the  petition  of  James  Stafford  and  thirty-two  others, 
citizens  of  the  state  of  Illinois,  praying  that  the  office  of  superintendent  of 
common  schools  may  be  created  by  the  amended  constitution;  which  peti- 
tion was, 

On  motion, 

Laid  on  the  table, 

Mr,  Hay  moved  that  the  rules  be  temporarily  suspended  to  enable  him 
to  offer  a  resolution. 

Tbe  question  was  taken,  and  the  convention  refused  to  suspend  the 
rules. 

The  convention  resumed  the  consideration  of  the  8th  article  of  the 
present  constitution. 

The  question  was  taken  on  the  adoption  of  the  third  section,  and  deci- 
ded in  the  affirmative. 

Mr.  Ballingall  proposed  the  following  as  a  substitute  for  the  4th  sec- 
tion: 


452 


JOURNAL  OP  THE  CONVENTION.       [August  23. 


"No  religious  test  shall  be  required  as  a  qualification  for  any  office  or 
public  trust,  and  no  person  shall  be  deprived  of  any  of  his  rights,  privile- 
ges, or  capacities,  or  disqualified  from  the  performance  of  any  of  his  pub- 
lic or  private  duties,  or  rendered  incompetent  to  give  evidence  in  any 
couit  of  law  or  equity,  in  consequence  of  his  opinions  on  the  subject  of 
religion." 

On  motion  of  Mr.  GedJe?, 


The  substitute  was  laid  on  the  table, 


Those  voting  in  the  affirmative,  are, 


5  Yeas, 


92 
43 


Mr.  Adams 
Akin 
Anderson 
Atherton 
Blair 
Bond 

Bosbysheli 
Canady 
Z.  Casey 
Constable 
Crain 
D.  Davis 
J.  M.  Davis 
Deitz 
Dummer 
Dunn 
Dunsmore 
Eccles 
C.  Edward* 
N.  W.  Edwards 
Evey 
Graham 
Geddes 
H.  R.  Green 
Grimsbaw 
Harding 
Harlan 
Harper 
Harvey 
Haw  ley 
Hay 


Mr.  Heacock 
Hill 

Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins- 
Jones 
Judd 
KitcheH 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lasater 
Laughlin 
Lemon 
Lockwood 
Loudon 
MeCallen 
McCully 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
Mason 
Mieure 
Miller 
Moffett 
Moore 


1  hose  voting  in  the  negative,  are, 


Mr.  Allen 
Archer 
Armstrong 
Ballingall 
Blakely 
Brockman 
.Biinsen 

J.  M.  Campbell 
Carter 
Choate 
Church 
Churchill 
Colby 

R.  J.  Cross 
Bale 


Mr.  FarweM 
Frick 
Gregg 
Hatch 
Hendersoa 
Hogue 
Holmes 
S.  Kinney 
Kreider 
Linley 
McClure 
T.  A.  Marshall 
Minshall 
J,  M.  Palmw 


Mr.  Morris 
Nichols 
Northcott 
Norton 
Oliver 

H.  D.  Palmes- 
Peters 
Pinckney 
Rives 
Robinson 
Rountree 
Scatea 
Servant 
Sibley 
Sim 

Singleton 
J.  Smith 
Spencer 
Swan 
Thomas 
Thompson 
Turnbull 
Vance 
Vernor 
West 
Williams 
Witt 

Whiteside 
Woodson 
Mr.  President- 


Mr.  Powers 
Pratt 
Robbing 
Roman 
Shields 
Shumway 
Simpson 
Stadden 
Thornton 
Turner 
Tutt 
Tuttle 
Whitney 
Worcester. 


August  23.]         JOURNAL  OF  THE  CONVENTION.  453 

Mr.  Thornton  proposed  to  amend  the  fourth  section  bj  adding  the  fol- 
lowing: 

"And  that  the  civil  rights,  privileges,  or  capacities  of  any  citizen  shall 
in  nowise  he  diminished  or  enlarged  on  account  of  his  religion." 

Mr.  Jenkins  proposed  the  following  as  a  substitute  for  the  amendment: 

"No  person  who  shall  deny  the  being  of  a  God,  or  who  shall  hold  re- 
ligious principles  incompatible  with  the  freedom  or  safety  of  the  state, 
shall  be  capable  of  holding  any  office  or  place  of  trust  or  profit,  in  the-civil 
department  of  this  state," 

The  question  was  taken,  and  the  substitute  rejected. 

Mr.  Eccles  proposed  the  following  as  a  substitute  for  the  amendment: 

<cNo  person  denying  the  existence  of  a  supreme  being  or  a  future  state 
of  rewards  and  punishments,  shall  be  a  competent  witness  in  any  case  in 
this  state." 

Mr.  Constable  moved  to  lay  the  substitute  and  amendment  on  the 
table, 

Mr.  Geddes  moved  the  previous  question. 

The  question  was  taken  on  Mr.  Constable's  motion,  and  decided  in  the 
affirmative. 

The  question  was  taken  on  the  adoption  of  the  fourth  section,  and  de- 
cided in  the  affirmative. 

Mr.  Bond  proposed  the  following  as  an  additional  section: 

"The  legislature  shall,  at  its  first  session  under  the  amended  consYitu- 
tion,  pass  such  laws  as  will  effectually  prohibit  free  persons  of  color  from 
immigrating  to  and  settling  in  this  state;  and  to  efiectually  prevent  the 
owners  of  slaves,  or  any  other  person,  from  the  introduction  of  slaves  into 
this  state  for  the  purpose  of  setting  them  free;  Provided,  that  when  this 
constitution  is  submitted  to  the  people  of  this  state  for  their  adoption  or 
rejection,  the  foregoing  shall  be  voted  on  separately  as  a  section  of  said 
constitution,  and  if  ;t  majority  .of  all  the  votes  cast  for  and  against  the  same 
shall  be  for  its  adoption,  then  and  in  that  case  the  same  shall  form  a  sec- 
tion of  the  new  constitution,  but  if  a  majority  shall  be  against  its  adop- 
tion, then  the  same  shall  be  rejected." 

Mr.  Singleton  moved  the  following  as  substitute  for  the  additional  sec- 
tion : 

"No  negro  or  mulatto  shall  htreafter  be  permitted  to  acquire  and  ex- 
ercise any  civil  or  political  rights  or  residence  within  this  state.  And  the 
migration  or  introduction  of  all  persons  usually  denominated  negroes  or 
rnulattoes  into  th*  state,  is  hereby  forever  prohibited.  And  the  legisla- 
ture shall,  at  their  first  session,  provide  such  adequate  penalties  as  will  se- 
cure the  fullest  operation  of  the  foregoing  provisions.  This  section  to  be 
submitted  to  the  people  for  their  ratification  or  rejection,  and  to  be 
voted  upon  as  a  separate  section,  and  if  more  votes  are  cast  for  its  adop- 
tion than  against  it,  it  shall  become  a  part  of  the  constitution  of  this  slate.'* 

Mr.  Pratt  moved  the  previous  question. 

The  question  was  taken,  by  yeas  and  nays, 


•ji-     ^  i> 

And  decided  m  the  negative, 


(Yeas,  .  59 

<•*$.  „„ 

t      J  ^j  *        •        •        •     j'O 


454 


JOURNAL  OF  THE  CONVENTION.       [August  23. 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Anderson 
Archer 
Atherton 
Bailingall 
Blakely 
Bond 
Brown 
Bunsen 
Caldweli 
Carter 
Z.  Casey 
Choate 
Colby 
Dunn 
Evey 
Haw  ley 
Hay 
Hayea 
Hill 


Mr.  Hansaker 
Hurl  but 
Huston 
Jackson 
James 
Judd 
Kenner 
Kitchell 
Kreider 
Lasater 
Lemon 
Linley 
Loudon 
McCully 
McHatton 
Manly 
Markley 
T.  A.  Marshal* 
Miller 
Minshall 


Mr.  Moffett 
Moore 
Oliver 
Pace 

H.  D.  Palme? 
J.  M.  Palmer 
Powers 
Pratt 
Robinson 
Roman 
Rountree 
Seates 
Shields 
Sim 

Simpson 
J.  Smith 
Spencer 
Tutt 
Vernor 
Woodsonv 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Armstrong 
Bosby  shell 
Brock  man 
J.  M.  Campbell 
T.  Campbell 
Canaday 
Church 
Churchill 
Grain 

K.  J.  Cross 
S.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis* 
Dawson 
Deitz 
Dai  miner 
Dunsrnore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Graham 
Geddes 
H.  R   Green 
W.  B.  Green 


Mr.  Gregg 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Heacock 
Hendersoa 
Hoes 
Hogue 
Holmes] 
Jenkins 
Jones 

A.  R.  Knapr> 
N.  M.  Knaj>p 
Knowlton 
Knox 
Lander 
Laugh  1  in 
Lockwood 
Logan 
McCallen 
McClure 

F.  S.  D.  Marshall 
Mason 


Mr.  Mieure 
Morris 
Northcott 
Norton 
Peters 
Phvckney 
Rives 
Servant 
Shumway 
Sibley 
Singleton 
Stadden 
Swan 
Thomas 
ThorntoD 
Turn  bull 
Turner 
Tattle 
Vance 
Wead 
Webber 
West 
Whiteside 
Whitney 
Mr.  President. 


On  motion  of  Mr.  Morris-, 
The  main  question  was  ordered. 

Mr.  Logan  moved  that  the  convention  adjourn  until  3  o'clock,  P,  M. 
The  question  was  taken,  and  decided  in  the  negative. 
The  questioa  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  sub- 
stitute, 


And  decided  in  the  negative, 


(Yeas, 


T4 

127 


August  M.]        JOURNAL  OF  THE  CONVENTION. 

Those  voting  in  the  affirmative,  are, 


455 


Mr.  Atherton 

Mr.  Hayes 

Mr,  Morris 

Brockman 

Hogue 

Oliver 

J.  M.  Campbell 

Huston 

Robinson 

Evey 
Geddes 

Linley 
Miller 

Singleton. 

Those  voting  in  the  negative,  are, 

Mr.  Adams 

Mr.  Harvey 

Mr.  Nichols 

Akin 

Hatch 

Northcott     - 

Allen 

Hawlev 

Norton 

Anderson 

Hay 

Pace 

Archer 

Heacock 

H.  D.  Palmer 

Armstrong 

Henderson 

J.  M,  Palmer 

Ballingall 

Hoes 

Peters 

Blair 

Holmes 

Pratt 

Blakely 

Hunsaker 

Rives 

Bond 

Hurlbut 

Robbins 

Brown 

Jackson 

Roman 

Bunsen 

James 

Rountree 

Cal  dwell 

Jenkins 

Scales 

Canaday 

Jones 

Servant 

Carter 

Judd 

Shields 

Z.  Casey 
Choate 

Kenner 
Kitchell 

Shumway 
Sibley     ' 

Church 

A.  R.  Knapp 

Sim 

Churchill 

N.  M.  Knapp 

J.  Smith 

Colby 

Knovvlton 

Spencer 

Constable 

Knox 

Stadden 

Grain 

Kreider 

Swan 

R.  J.  Cross 

Lander 

Thomas 

S.  J.  Crosn 

Lasater 

Thompson 

Dale 

Laughlin 

Thornton 

D.  Davis 

Lemon 

Trower 

J.  M.  Davis 

Lockwood 

Turnbull 

Dawson 

Logan 

Turner 

Deitz 

Loudon 

Tutt 

Dummer                   "*• 

McCallen 

Tattle 

Dunn 

McCully 

Vanc« 

Dunsmore 

McClure 

Vernor 

Eccles 

McHatton 

Wead 

C.  Edwards 

Manly 

Webber 

N.  W.  Edwards 

Markley 

West 

_ 

Farwell 

F.  S.  D.  Marshall 

Williams 

Graham 

T.  A.  Marshall 

Witt 

H.  R.  Green 

Mason 

Whiteside 

Gregg 

Mieure 

Whitney 

Grimshaw 

Minshall 

V\  oodson 

Harding 

Moffett 

Worcester 

Harlan 

Moore 

Mr.  President. 

Harper 

The  question  was 

taken,   by  yea»  and 

nays,  on  the  adoption 

of  the 

additional  section, 

And  decided  in  the 

affirmative,  I    «* 

•         •         •           • 
•         •         •           • 

87 
56 

456 


JOURNAL  OF  THE  CONVENTION.        [August  23. 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Mr,  H.  R.  Green 

Allen 

Harlan 

Anderson 

Hatch 

Archer 

Hawley 

Armstrong 

Hayes 

Atherton 

Hoes 

Ballingali 

Hogue 

Blair 

Holmes 

Blakely 

Hunsaker 

Bond 

Huston 

Brockman 

James 

Brown 

Jenkins 

Bunsen 

Jones 

Caldwell 

Kitchett 

J.  M.  Campbell 

Kr  eider 

Carter 

Lander 

Z.  Casey 

Lasater 

Choate 

Laughlin 

Crain 

Lemon 

S.  J.  Cross 

Linley 

»               Dale 

Loudon 

J.  M.  Davis 

McCallen 

Dunn 

McCully 

Eccles 

McHattoa 

C.  Edwards 

Manly 

Evey 

Markley 

Farwell 

T.  A.  Marshall 

Graham 

Moffett 

Geddes 

Moore 

Those  voting  in 

the  negative,  arc, 

Mr  Adam* 

Mr.  Henderson 

Canaday 

Hurlbut 

Church 

Jackson 

Churchill 

Judd 

Constable 

Kenner 

R.  J.  Cross 

A.   H.  Knapp 

JD.  Davis 

N.  M.  Knapp 

Dawson? 

Knowlton 

Deitz 

Knox 

Dummer 

Lockwood 

Dunsmore 

Logan 

N.  W.  Edwards 

McClure 

Gregg 

F.  S.  D.  Marshall 

Grimshaw 

Mason 

Harding 

Mieure 

Harper 

Miller 

Harvey 

Minshall 

Hay 

Northcott 

Heacock 

Mr.  Morris 
Nichols 
Oliver 
Pace 

J.  M.  Palmer 
Pratt 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scales 
Servant  . 
Shields 
Sh  urn  way 
Sim 

Simpson 
J.  Smith 
Stadden 
Thornton 
Trovver 
Tutt 
Vernor 
Weed 
West 
Witt 

Whiteside 
Woodson 
Mr.  President. 


Mr.  Norton 

H.  D.  Palmer 

Peters 

Pinckney 

Powers 

Sibley 

Singleton 

Swan 

Thomas 

Thompson 

Turnbull 

Turner 

Tuttle 

Vance 

Webber 

Williams 

Whitney 

Worcester. 


On  motion, 
The  convention  adjourned  to  3  o'clock, 


August  23.]       JOURNAL  OF  THE  CONVENTION. 


457 


THREE  O'CLOCK,  P.  M. 

The  convention  met  pursuant  to  adjournment. 

The  question  was  taken  on  the  adoption  of  the  fifth  section,  as  amended 
by  the  additional  section  agreed  to  this  morning,  and  decided  in  the 
affirmative. 

Mr.  Swan  offered  the  following  as  an  amendment  to  the  f»th  section: 

*'  The  legislature  shall  pass  no  law,  nor  shall  any  law  be  in  force,  after 
the  adoption  of  this  constitution,  that  shall  prohibit  the  citizens  of  this 
state  from  feeding  the  hungry,  or  clothing  the  naked,  or  restrain  them 
exercising  the  common  principles  of  philanthropy,  or  dictates  of  humanity. 
Nor  sh.ill  any  law  remain  in  force  that  recognizes  the  principle  that  a  per- 
son of  color  is  presumed  to  be  a  slave  until  he  has  proved  himself  to  be 
free,  or  that  prescribes  whipping  as  a  punishment  lor  offences.  But  the 
legislature  shall  provide  bylaw  for  the  support  of  schools  for  the  educa- 
tion of  colored  children,  and  shall  adopt  such  other  measures  as  they  may 
deem  expedient  for  the  benefit  and  improvement  of  colored  persons  in 
this  state." 

On  motion  of  Mr.  MoCallen, 


The  amendment  was  laid  on  the  table,  ]  ^  a  ' 

( 

Those  voting  in  the  affirmative,  are, 


99 

27 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Atherton 
Ballingali 
Blair 
Blakely 
Bond 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Caldwell 
T.  Campbell 
Canady 
Carter 
Z.  Casey 
S.  J.  Cross 
Dale 

J.  M.  Davis 
Dawson 
Dummer 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
Harding 
Harlan 
Harper 


Mr.  Harvey 
Hawley 
Hay 
Hayes 
Henderson 
Hill 
Hogue 
Holmes 
Hunsaker 
James 
Jones 
Kenner 
W.  C.  Kinney 
KitcheH 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
London 
McCallen 
McCully 
McClure 
McHatton 
Manly 
Mark  ley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 
Minshall 


Mr.  Moffett 
Moore 
Morris 
Northcott 
Oliver 
Pace 

J.  M.  Palmer 
Peters 
Powers 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scales 
Shields 
Shumway 
Sim 

Singleton 
Stadden 
Thomas 
Thornton 
Trower 
Tutt 
Vernor 
Wead 
West 
Williams 
Witt 

Whiteside 
WoodsonJ 
Worcester 
Mr.  President. 


458 


JOURNAL  OF  THE  CONVENTION.        [August 


23J 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Church 
Churchill 
Colby 

R.  J.  Cross 
Deitz 
Heacock 
Hurlbut 
Huston 


Mr.  Jackson 
Judd 

Lockwood 
Logan 
Mason 
Nichols 
Norton 

H,  D.  Palmer 
Pinckney 


Mr.  Pratt 
Sibley 
Spencer 
Swan 
Thompson 
Turnbull 
Turner 
Vance 
Whitney. 


Mr.  Church  moved  the  following  as  an  amendment  to  the  seventh  sec 
tion: 

"  The  legislature  shall  pass  no  law  preventing  any  citizen  of  any  om 
of  the  United  States  from  emigrating  to  or  settling  within  this  state." 


On  motion  of  Mr.  Akin, 

The  amendment  was  laid  on  the  table,    <  XTeaS' 

(Nays, 

Those  voting  in  the  affirmative,  are, 


89 
49 


Mr.  Akin 
Allen 
Anderson 
Archer 
Atherton 
Eailingall 
Blair 
BlakeJy 
Bond 

Bosbyshell 
Broekman 
Bunsen 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Carter 
Z.  Casey 
Choate 
Dale 

J.  M.  Davis 
Dawson 
D  u  miner 
Dunn 
Dunsmore 
C.  Edwards 
N.   W.  Edwards 
Evey 
Graham 
Geddes 
P.  Green 


Mr.  Harding 
Harlan 
Harper 
Harvey 
Hay 
Hayes 
Hill 
Hogue 
Holmes 
Hunsaker 
Huston 
Jackson 
James 
Jones 

W.  C.  Kinney 
Knox 
Kreider 
Lander 
Lasater 
Lemon 
London 
McCallen 
McCully 
McClure 
McHatton 
Manly 
Mark  ley 
T.  A.  Marshall 
Mieure 
Minshall 


Mr.  Moffett 
Moore 
Morris 
Oliver 
Pace 
Rives 
Bobbins 
Robinson 
Roman 
Rountree 
Scates 
Servant 
Shields 
Shumway 
Sim 

Simpson 
Singleton 
J.  Smith 
Stadden 
Thomas 
Thornton 
Tutt 
Vance 
Vernor 
Wead 
Williams 
Witt 
Woodson 
Mr.  President. 


Those  voting  in  the  negative,  are, 


Mr.  Adams 

A  mstrong 

Brown 

Church 

Churchill 

Colby 


Mr.  R.  J.  Cross 
S.  J.  Cross 
D.  Davis 
Deitz 
Eccles 
Frick 


Mr.  H.  R.  Green 
Gregg 
Heacock 
Henderson 
Hoes 
Hurlbut 


23.  J     JOURNAL  OF  THE  CONVENTION. 


459 


Judd 

Kenner 

Kitchell 

A.  R.  Knapp 

N.  M.  Knapp 

Knowlton 

Laughlin 

Lockwood 


Logan 
F.I.D. 

Mason 


Marshall 


Mr.  Nichols 
Northcott 
Norton 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Sibley 
Spencer 


Mr.  Swan 
Thompson 
Trower 
Turnbull 
Turner 
Tuttle 
West 
Whiteside 
Whitney 
Worcester. 


fMr.  Whitney  offered  the  following  as  a  substitute  for  the  sixth  section: 

j*'  Trial  by  jury  shall  be  allowed  in  all  suits  at  law,  but  a  jury  trial  may 

waived  by  the  parties  in  all  civil  cases,  in  the   manner  prescribed   by 

V.'1 

The  question  was  taken,  and  the  substitute  rejected. 

The  question   was  consecutively   taken   on    the    adoption  of  the   6th 

d  7th  sections,  and  decided  in  the  affirmative. 

Mr.  R.  J.  Cross  moved  to  amend  the  8th  section    by  striking  out  the 

rd  u  freeman,"  and  inserting  in  lieu  thereof  the  word  "  person." 

A  division  was  called  for,  so  as  to  vote  first  on  striking  out. 

The  question  was  taken,  by  yeas  and  nays,  on  striking  out, 


And  decided  in  the  negative, 


(Yeas, 
{Nays, 


Those  voting  in  the  affirmative,  are, 


Adams 
Church 
Churchill 
R.  J,  Cross 
D.  Davis 
Deitz 
Dummer 
C.  Edwards 
Graham 


Mr.  Harding 
Harper 
Hurlbut 
Jackson 
Judd 

k        ™°San 
Mason 

Norton 
Peters 


Mr.  Pinckney 
Sibley 
Swan 

Thompson 
Trower 
Turnbull 
West 
Whitney. 


26 
100 


'hose  voting  in  the  negative, 


Akin 

Allen 

Archer 

Armstrong 

Atherton 

Ballingall 

Blair 

Blakely 

Bosbyshell 

Brockman 

Brown 

Bunsen 

Caldwell 

J.  M.  Campbell 

T.  Campbell 

Canady 

Carter 

Z.  Casey 


Mr.  Choate 
Constable 
S.  J.  Cross 
Dale 
Dawson 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Ever 
Frick 
Geddes 
H.  R.  Green 
P.  Green 
Gregg 
Harlan 
Harvey 
Hatch 


Mr.  Hawley 
Hay 
Hayes 
Henderson 
Hill 
Hogue 
Hunsaker 
Huston 
James 
Jones 
Kenner 
Kitchell 
A.  R.  Knapp 
Knowlton 
Knox 
Kreider 
Lander 
Lasater 


460  JOURNAL  OF  THE  CONVENTION.       [August 

Mr.  Laughlin  Mr.  Northcott  Mr.  Sim 

Lemon  Oliver  Simpson 

Lockwood  ,  Pace  Singleton 

McCallen  H.  D.  Palmer  Spencer 

Me  Cully  J.  M.  Palmer  Stadden 

McClure  Pratt  Thornton 

McHatton  Rives  Tutt 

Manly  Robbins  Tuttle 

Markley  Robinson  Vance 

F.  S.  D.  Marshall  Roman  Vernor 

T.  A.  Marshall  Rountree  Witt 

Mieure  Scates  Whiteside 

Minshall  Servant  Woodson 

Moffett  Shields  Worcester 

Moore  Shumway  Mr.  President. 
Nichols 

Mr.  Kitchell  moved  to  amend  the  8th  section  by  striking  out  all  a 
the  word  "  land,"  in  the  third  line. 

Mr.  Whiteside  moved  to  amend  the  motion  by  inserting  in  lieu  of 
part  proposed  to  be  stricken  out,  the  following: 

"  And  all  public  grounds,  streets,  and  alleys  laid  upon  and  rccorde< 

any  city,  town,  hamlet,  or  village  plat  shall  remain  common  to  the  inh 

itants  thereof;  unless  by  the  unanimous  will  of  those  interested  ther 

the  said  plat  may  be  altered,  amended,  or  abolished." 

On  motion  of  Mr.  Constable, 

The  amendment  to  the  amendment  was  laid  on  the  table. 

The  question  was  taken  on  the  amendment  proposed  by  Mr.  Kitct 
and  decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  8th  section,  and  d 
ded  in  the  affirmative. 

On  motion  of  Mr.  Sim, 

The  9th  section  was  amended  by  striking  out  the  word  "  vicinage,' 
the  fourth  line,  and  by  inserting  in  lieu  thereof  the  words  "  count) 
district  wherein  the  offence  shall  have  been  committed,  which  county 
district  shall  have  been  previously  ascertained  by  law." 

Mr.  Kitchell  moved  to  amend  the   9th  section  by  inserting  after 
word  "  favor,"  the  words  **  but  no  person  ought  to  be  detained,  requ 
to  give  bail,  or  compelled  to  attend  as  a  witness  without  just   compel 
tion,"  and  also  to  insert  after  the   word  "  information"  the  words  " 
accused  hath  a  right  to." 

On  motion  of  Mr.  Constable, 

The  amendment  was  laid  on  the  table. 

Mr.  Hawley  moved  to  amend  the  same  section  by  inserting  after 
word  "him,"  in  the  second  line,  the  words  "  and  to  have  a  copy  there 

The  question  was   taken,  and  the  amendment  rejected. 

The  question  was  taken,  and  the  9th  section,  as  amended,  adopted. 
On  motion  of  Mr.  Lockwood, 

The  following  was  substituted  in  lieu  of  the  I0th  section: 

"  No  person  shall  be  held  to  answer  for  a  criminal  offence  unless  on 
presentment  or  indictment  of  a  grand  jury,  except  in  cases  of  impea 
ment,  or  in  cases  cognizable  by  justices  of  the  peace,  or  arising  in  the 
my  and  navy,  or  in  the  militia  when  in  actual  service  in  time  of  wa 
public  danger;  Provided,  that  justices  of  the  peace  shall  try  no  pel 


tst  23.]         JOURNAL  OF  THE  CONVENTION. 


4C1 


pt  as  a  court  of  inquiry,  for  any  offence  punishable    with   imprison- 

or  death,  or  fine  above  $100." 

ie  question  was  taken  on  the  adoption  of  the  10th  section,  as  amend- 
nd  decided  in  the  affirmative. 
r.  Kitchell  offered  the  following  as  an  amendment  to  the   llth  sec- 


no  person  ought  to  be  detained  or  required  to  attend  as  witness 
ny  cause  without  just  compensation,  nor  shall  any   man's  particular 
ces  be  demanded,  or  property  taken  or  applied  to  public  use  without 
compensation,  and  in  accordance  with  law.'-' 
On  motion  of  Mr.  Constable, 


ie  amendment  was  laid  on  the  table, 


lose  voting  in  the  affirmative,  are, 


<Yeas, 
(Nays, 


81 

40 


Akin 
Allen 
Armstrong 
Atherton^ 

ond 

rown 
Caldwell 
>anady 
Carter 

Casey 
Church 
Constable 
J.  Cross 

)ale 

D.  Davis 
M.  Davis 

Dawson 

)eitz 

•uraraer 

'unsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Frick 
H.  R.  Green 

*.  Green 

rrimshaw 


Mr.  Harlan 

Harper 

Hayes 

Henderson 

Hill 

Hoes 

Holmes 

Hunsaker 

Huston 

Jackson 

James 

Jones 

A.  R.  Knapp 

N.  M.  Knapp 

Knovvlton 

Knox 

Kreider 

Lasater 
•%.      Lemon 

Logan 

McCully 

McClure 

McHatton 

Manly 

Markley 

F.  S.  D    Marshall 

T.  A.  Marshall 


lose  voting  in  the  negative,  are, 


ircher 

Jallingall 

•rockman 

tansen 

M.  Campbell 
T.  Campbell 
Choate 
Churchill 
Colby 
Evey 
Farwell 
Graham 
Geddes 

W.  B.  Green 


Mr., Hatch 
Hawley 
Hay 
Hogtie 
Hurlbut 
Kenner 
Kitchell 
Lander 
Laughlin 
Lockwood 
McCallen 
Mieure 
Moore 


Mr.  Minshall 
Moffett 
Nortfecott 
Oliver 

J.  M.  Palmer 
Peters 
Powers 
Rives 
Robinson 
Scates 
Shields 
Sim 

Simpson 
J.  Smith 
Stadden 
Swan 
Thomas 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
Witt 

Whiteside 
Woodson 
Worcester. 


Mr.  Morris 
Nichols 
Rountree 
Servant 
Sh  um  way 
Sibley 
Spencer 
Tutt 
Vernor 
Wead 
West 
Williams 
Mr.  President, 


462 


JOURNAL  OF  THE  CONVENTION.      [August 


On  motion  of  Mr.  Kitchell, 

The  1 1th  section  was  amended  by  adding  thereto  the  following: 

«  And  the  legislature  shall  make  provision   by  law  for  the  payment 
witnesses  in  criminal  cases,  where  they  are  required  to  attend   courts  o\ 
of  their  own  counties." 

On  motion  of  Mr.   D.  Davis, 

The  last  vote  was  reconsidered. 
On  motion  of  Mr.  Harvey, 

The  amendment  was  laid  on  the  table. 

The  questions  were  taken  consecutively  on  the  adoption  of  the   lltj 
12th,  and  13th  sections,  and  decided  in  the  affirmative. 

Mr.  McCallen  moved  to  amend  the  14th  section  by  inserting  after  tl 
word  "offence,"  in  the  first  line,  the  words  "punishment  by  death  shall 
no  case  be  inflicted." 

Mr.  Hayes  moved  to  substitute  for  the  amendment  the  words  "therefoj 
punishment  by  death  shall  not  be  inflicted." 

Mr.  J.  M.  Campbell  moved  to  lay  the  amendment  and  the  amendme;! 
thereto  on  the  table. 

Mr.  Kenner  called  for  a  division  of  the  question. 

The  question  was  taken,  and  the  convention  refused  to  order  the 
vision. 

The  question  was  taken,  by  yeas  and  nays,  on  laying  the  amendnru 
and  the  amendment  thereto  on  the  table, 


And  decided  in  the  affirmative, 


(Yeas, 
{Nays, 


83] 
491 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 

Bosbyshell 
Brown 

J.  M.  Campbell 
T.  Campbell 
Zadok  Casey 
Choate 
Colby 
R.  J.  Cross 
S.  J.  Cross 
Dale 

J.  M.  Davis 
Dawson 
Dummer 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Frick 
Grimshaw 
Harding 
Harlan 


Mr.  Harper 
Harvey 
Hatch 
Hawley 
Heacock 
Hoes 
Hunsaker 
Jackson 
Jones 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Lockwood 
Logan 
McCully 
McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 


Mr.  Mienre 
Moffett 
Moore 
Morris 
North  cott 
Norton 
Oliver 
Pace 

H    D.  Palmer 
J.  M.  Palmer 
Peters 
Rives 
Robinson 
Rountree 
Shields 
Shumwa)* 
Simpson 
E.  O.  Smith 
Spencer 
Swan 
Thompson 
Vance 
Vernor 
West 
Witt 

Woodson 
Mr.  President. 


August  23.]         JOURNAL  OF  THE  CONVENTION.  463 

Those  voting  in  the  negative,  are, 

Mir.  Ballingall  Mr.  Hay  Mr.  Roman 

Bond  Hayes  Scates 

Brockman  Henderson  Servant 

Bunsen  Hill  Sibley 

Caldvvell  Hurlbut  Sim 

Canady  Huston  Stadden 

Carter  James  Thornton 

Church  Judd  Trower 

Churchill  Kenner  Turner 

Constable  W.  C.  Kinney  Tutt 

C.  Edwards  McCallen  Tuttle 

Evey  Miller  Wead 

Farwell  Minshall  Webber 

Graham  Nichols  Williams 

Geddes  Pi/ickney  Whiteside 

P.  Green  Robbins  Worcester. 
W.  B.  Green 

On  motion  of  Mr.  Harvey, 

The   15th  section  was  amended  by  adding  thereto  the  following: 
"SEC.  — .     There  shall  be  neither  slavery  nor  involuntary  servitude  in 
this  state,  except  as  a  punishment  for  crime,  whereof  the  party  shall  have 
been  duly  convicted." 

Mr.  Caldwell  moved  to  amend  the  15th  section  by  striking  out  the 
Words  "or  in  cases  where  there  is  strong  presumption  of  fraud." 
The  question  was  taken,  and  the  amendment  rejected. 
The  question  was  taken,  and  the  15th  section,  as  amended,  adopted. 
Mr.  West  moved  to  amend  the  16th  section  by  inserting  after  the  word 
"made,"  at  the  end  of  the  first  line,  and  to  insert  before  the  word  "and," 
at  the  beginning  of  the  second  line,  the  words  "nor  any  law  depriving  a 
party  of  any  remedy  for  enforcing  a  contract  which  existed  when   the 
sontraet  was  made." 

Mr.  Witt  moved  to  lay  the  amendment  on  the  table. 
The  question  was  taken,  and  decided  in  the  negative. 
Mr.  Williams  offered  the  following  as  a  substitute  for  the  amendment: 
"  No  person  shall  be  deprived  of  a  remedy  in  cases  of  wrongs  or  inju- 
ries to  person  or  property." 

The  question  was  taken,  and  the  substitute  rejected. 
The  question  was  taken  on  the  adoption  of  the  amendment  proposed  by 
Mr.  West,  and  decided  in  the  negative. 

On  motion  of  Mr.  Logan, 

The   16th  section  was  amended    by  striking  out  the  word  "validity/1 
and  inserting  in  lieu  thereof  the  word  "  obligation." 
Mr.  Williams  offered  the  following  amendment: 

"SEC.  — .     The  general  assembly  shall  pass  no  law  whereby  any  free- 
man shall  be  deprived  of  his  life,  liberty,  property  or  franchises  without 
trial  and  judgment  or  decree  in  some  usual  or  regular  judicial  tribunal; 
Provided^  that  persons  and  property  shall  be  subject  to  arrest  and  seizure 
for  purposes  of  trial,  judgment  or  decree;  Provided,  further,  that  this  sec- 
;  tion  shall  not  apply  to  laws  for  the  collection  of  taxes,  nor  to  laws  provid- 
ing for  taking  private  property  for  public  use." 
Mr.  D.  Davis  moved  that  the  convention  adjourn. 


464  JOURNAL  OF  THE  CONVENTION.        [August 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  N.  W.  Edwards  offered  the  following  as  a  proviso  to  the  amend 
ment: 

"Provided,  nothing  herein  shall  be  intended  to  disturb  the  ancient  anc 
established  jurisdiction  of  the  courts  and  modes  of  trial  and  summary  ju- 
risdiction, known  and  in  use  before  the  adoption  of  this  constitution." 

Which  proviso  Mr.  Williams  accepted  as  a  modification. 
On  motion, 

The  convention  adjourned. 

TUESDAY,   AUGUST  !24,  1847. 


The  convention  met  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Bailey. 

The  journal  of  yesterday  was  read. 

The  convention  resumed  the  consideration  of  the  8th  article  of  the  olc 
constitution,  as  substituted  for  the  report  of  the  committee  on  the  Bill  01 
Rights. 

The  question  pending  when  the  convention  adjourned  on  yesterday, 
was  on  the  amendment  offered  by  Mr.  Williams  to  the  16th  section. 

Mr.  Whiteside  moved  to  amend  the  amend.nent,  as  modified,  by  adding 
thereto  the  following: 

"Provided  further,  that  it  shall  not  extend  to  cases  of  fugitives  from 
labor." 

Mr.Harvey  moved  to  lay  the  amendment,  as  modified,  with  the  amend- 
ment thereto,  on  the  table. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
amendment,  as  proposed  by  Mr.  Whiteside, 


And  decided  in  the  affirmative,  ' 

{  i\ays,  •         .         •         •     Oo 

Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Eccles                                 Mr.  Laughlin 

Archer  Evey  Lemon 

Armstrong  Frick  Linley 

Atherton  P.  Green  McCallen 

BalHngall  Gnmshaw  McCully 

Blair  Harvey  McClure 

Blakely  Hatch  McHatton 

Bosbyshell  Henderson  Manly 

Brockman  Hogue  Markley 

Bunsen  Hunsaker  Mieure 

Caldwell  Huston  Moffett 

J.  M.  Campbell  James  Moore 

Carter  Jenkins  Nichols 

Z.  Casey  W.  C.  Kinney  Oliver 

Choate  Kitchell  Pace 

Grain  N.  M.  Knapp  Pratt 

Dunlap  Kreider  Robbins 

Dunn  Lasater  Robinson 
Dunsmore 


August  24.]       JOURNAL  OF  THE  CONVENTION.  465 

Mr.  Roman  Mr.  Simpson  Mr.  Webber 
Rountree                                     J.  Smith  Williams 

Scales  Thornton  Witt 

Shields  Trower  Whiteside 

Shiimway  Tut!  Worcester 

Sim  Vernor  Mr.  President. 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  W.  B.  Green  Mr.  Miller 

Anderson  Harding  Minshall 

Brown  Harlan  Morris 

T.  Campbell  Harper  Northcott 

Canuduy  Hay  Norton 

Choute  Heacock  H.  D.  Palmer 

Church  Hurlbut  Peteis 

Churchill  Jackson  Rives 

Coiby  Jones  Sibley 

R.  J.  Cross  Judd  E.  O.  Smith 

Dale  Kenner  Spencer 

D.  Davis  S.  Kinney  Stadden 

J.  M.  Davis  Knowlton  Swan 

Dawson  Knox  Thompson 

Deitz  Lander  Turnbull 

Dummer  Lockwood  Turner 

N.  VV.  Edwards  Logan  Tuttle 

Graham  F.  S.  D.  Marshall  Vance 

Geddes  T.  A.  Marshall  Whitney. 

H.  R.  Green  Mason 

Mr.  Harvey  moved  to  add  the  fo'lowing  to  the  amendment,  as  modified: 

"And  provided  fwthcr,  that  the  foregoing  shall  not  prevent  the  sale  of 
perishable  property  before  judgment  in  attachment,  in  cases  prescribed  by 
aw." 

Mr.  Turnbull  moved  to  lay  the  amendment  to  the  amendment  on  the 
able. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,  and  the  amendment  to  the  amendment  agreed 
o. 

Mr.  N.  M.  Knapp  moved  to  add  the  following  proviso  to  the  amend- 
ment as  modified: 

" And  provided  further ',  that  this  section  shall  not  be  construed  to  inter- 
ere  \vith  the  recovery  of  fugitives  from  justice  under  requisitions  of  the 
kcutiyea  of  other  states." 

On  motion  of  Mr.  Williams, 

The  jimendrnent,  as  modified,  \vith  the  proviso  were  laid  on'the  table. 

Mr.  Brown  offered  the  following  as  an  amendment  to  the  16th  section: 

**SEC.  — .  If  any  person  shall  hereafter  challenge  another  to  fightaduel, 
with  any  deadly  weapon,  or  in  any  manner  whatever,  the  probable  issue 
rf  which  might  result  in  the  death  of  either  of  the  parties;  or  if  any  person 
hall  u'-eeut  a  challenge,  or  otherwise  agree  to  fight  a  duel,  or  who  shall 
be  the  hrnierofa  challenge  or  an  acceptance  of  a  challenge,  whether  the 
lame  be  verbal  or  written,  knowing  the  same  to  be  such;  or  if  any  person 
mall  he  present  at  the  fighting  ot  any  duel  as  aforesaid,  as  the  second  or 
lid  of  either  party,  every  person  so  offending  shall  thereafter  be  rendered 

30 


466 


JOURNAL  OF  THE  CONVENTION.      [August  24. 


incapable  of  holding  or  being  elected  to  any  office  of  honor,  profit,  or 
trust,  either  civil  or  military,  under  the  government  of  this  state." 

Mr.  Grirnshaw  offered  the  following  as  a  substitute  for  the  amendment: 

"Any  person  who  shall,  after  the  adoption  of  this  constitution,  fight  a 
duel,  or  send  or  accept  a  challenge  for  that  purpose,  or  be  aider  or  abet- 
tor in  ligh'ing  a  duel,  shall  be  deprived  of  the  right  of  holding  any  office 
of  honor  or  profit  in  this  state,  and  shall  be  punished  otherwise  in  such 
manner  as  is  or  may  be  prestriibtd  by  law." 

Mr.  Whiteside  moved  to  lay  the  amendment  and  substitute  on  the  table 

The   question  was  taken,   by  yeas  and  nays, 


And  decided  in  the  negative, 


7 
127 


Those  voting  in  the  affirmative,  are, 


Mr.  J.  M .  Campbell 
Hogue 

James 


Mr.  W.  C.  Kinney 
Morris 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Akin 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bond 

Bosbyshell 
Brown 
Bunsen 
T.  Campbell 
Canady 
Carter 
Z.  Casey 
Choate 
Church 
Churchill 
Colby 
Constable 
R.  J.  Cross 
S.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Evey 
Fhck 
Graham 
Geddes 


Mr.  H.  R.  Green 
P.    Green 
W.  B.  Green 
Grim  sh  aw 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Heacock 
Henderson 
Hoes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
Jenkins 
Jones 
Judd 
Kenner 
S.  Kinney 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Langhlin 
Lemon 
Lin  ley 
Lockwood 
Loudon 
McCallen 
McCully 


Mr.  Roman 
Whiteside. 


Mr.  McClure 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Miller 
Minshall 
Motfett 
Moore 
Nichols 
Northcott 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Piuckney 
Rives 
Robbins 
Robinson 
Rountree 
Scales 
Servant 
Shields 
Shu  in  way 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thompson 
Thornton 


August  21.3        JOURNAL  OF  THE  CONVENTION, 


4G7 


Mr.  Trower 
Turnbull 
Turner 
Tutt 
Tuttle 


Mr.  Vance 
V«rnor 
Wead 
Webber 
Williams 


Mr.  Witt 

Whitney 
Worcester 
Mr.  President. 


The  question  was  taken  on  agreeing  to  the  substitute  for  the  amend- 
ment, and  decided  in  the  affirmative, 

The  question  was  taken  on  (he  adoption  of  the  K'th  section,  as  amend- 
ed, and  decided  in  the  affirmative. 

Mr.  Brockrnan  moved  to  add  the  following  proviso  to  the  17th  section: 

"Provided,  the  word  "freeman,"  as  employed  in  this  constitution,  shall  not 
extend  to  any  negro  or  mulatto,  nor  shall  the  legislature  ever  hereafter 
extend  the  right  of  suffrage  to  negroes  or  mulattoes  of  African  blood." 


On  motion  of  Mr.  Adams, 
The  proviso  was  laid  on  the  table, 

Those  voting  in  the  affirmative,  are, 


(Yeas? 

(Nays, 


Mr.  Adams 
Armstrong 
Ballingall 
Bla«r 

Bosbyshell 
Brown 
Canaday 
Carter 
Choate 
Church 
Churchill 
R.  J.  Cross 
Dale 

J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunn 
Dunsmore 
N.  W.  Edwards 
Frick 
Graham 
H.  R.  Green 
W.  B.  Green 


Mr.  Grimshaw 
Hardi-ng 
Harlan 
Harper 
Harvey 
Haich 
Heacock 
Henderson 
Hoes 
Hurl  but 
Jackson 
Jones 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lockwood 
Loud on 
McClure 

F.  S.  D.  Marshall 
T.  A.  Marshall 


Those  voting  in  the  negative,  are, 


Akin 

Archer 

Atherton 

Blakely 

Brock  man 

Bunsen 

J.  M.  Campbell 

Z.  Casey 

S.  J.  Cross 

Dunlap 

Eccles 

Geddes 

P.  Green 


Mr.  Hayes 
Hogue 
Hunsaker 
Huston 
James 
Jenkins 
W.  C.  Kinney 
Kitchell 
Kreider 
Lasater 
Laugh Hn 
Lemon 
Linley 


Mr.  Mason 
Miller 
Minshall 
Moifett 
Northcott 
H.  D.  Palmer 
Peters 
Pinckney 
Pratt 
Sibley 
Sim 

E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thompson 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Williams 
Whitney* 


Mr.  McCallen 
McCully 
McHattor, 
Manly 
Markley 
Morris ' 
Oliver 
Pace 

J.  M.  Palmer 
Rives 
Robinson 
Roman 
Rountre* 


60 


468 


JOURNAL  OF  THE  CONVENTION.      August 


Mr,.  Shields 
Simpson 
Singleton 
J.  Smith 


Mr.  Tutt 
Vernor 
Wead 
Webber 


Mr.  Witt 

Wbiteside 
Worcester 
Mr.  President. 


On  motion  of  Mr.  Harding, 
The  previous  question  was  ordered. 
The  question  was  taken,  and  the  17th  section  adopted. 

On  motion  of  Mr.  Whitney, 

The  vote  taken  yesterday,  rejecting  a  substitute  offered  by  him  for  the 
tJth  section,  was  reconsidered. 
On  motion  of  Mr.  Witt, 

The  vote  taken  on  the  adoption  of  the  6th  section  on  yesterday  was 
reconsidered. 

Mr.  Whitney  modified  his  motion  by  making  it  one   to  add  the  follow- 
ing to  the  6th  section: 

44  And  shall  extend  to  all  cases  at  law,  without  regard  to  the  amount  in 
controversy." 

The  question  was  taken,  by  yeas  and  naysr 


And  decided  in  the  affirmative, 


<Yeas, 
(Nays, 


Those  voting  in  the  affirmative,  are, 


*£r.  Akin 

Armstrong 

.Ballingail 

Elatr 

BrockuKMi 

J.  M.  Campbell 

Carter 

flhoate 

Churchill 

IL  J.  Cross 

S.  J    Cross 

Dawson 

Dunsmore 

Eccles 

Evey 

Graham 

Gedies 

P.  'ireen 

Vf.  B.  Greea 

Harding 

Harper 

Huwley 


Mr,  Hayes 
Heacock 
Huston 
Jenkins 
Jones 
Judd 

S.  Kinr.ey 
A.  R.  Knapp 
Knox 
Loud on 
McClure 
McHatton 
Manly 
Markley 

T.  A.  Marshall  ' 
Mason 
Mieure 
Moffett 
Moore 
Nichols 
H.  D.  Palmer 


64 

50 


Mr.  Pinckney 
Robbins 
Rountree 
Shields 
Sh  urn  way 
Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 

7  hompson 
Turner 
Tuttle 
Vernor 
Webber 
Williams 
Witt 

Whitesid* 
Whitney 
Worcester 
Mr.  President. 


Those  voting  in  the  negative,  arc, 


Mr.  Afherton 
Boshvshell 
T.  Campbell 
Canndy 
Z    Casey 
Pale 

D.  Davis 
Deitz 


Mr.  Dummer 
Dunlap 
Dunn 

N    W.   Edwards 
Farweli 
Frick 
Grimshaw 
Harlan 


Mr.  Harvey 
Hatch 
Hay 

Henderson 
HOPS 
Jackson 
James 
Kenner 


24.] 


JOURNAL  OF  THE  CONVENTION. 


469 


Kitchell 

N.  M.  Knapp 

Kreider 

Lander 

La  safer 

Laughlin 

Lemon 

Linley 

Lockwood 


Mr.  F.  S.  D.  Marshall 
MHler 
Minshall 
Morris 
Nortb-cott 
Oliver 

J.  M.  Palmer 
Peters 
Rives 


Mr.  "Robinson 
Roman 
Sibley 
Sim 

Thornton 
Trower 
Vance 
Wead. 


The  question  was  taken  OR  the  adoption  of  the  6th  section,  as  amen- 
ded, and  decided  in  the  affirmative. 

Mr.  A,  It.  Knapp  offered  the  following  as  an  amendment  to  the  18th 
section: 

"SEC.  — .  The  military  shall  be  in  strict  subordination  to  the  civil 
)owcr." 

The  question  was  taken,  and  the  amendment  agreed  to. 

The  question  was  taken  on  the  adoption  of  the  18th  section,  as  amen« 
ded,  and  decided  in  the  affirmative- 

Mr,  J.  Ai.  Davis  moved  the  following  as  an  amendment  to  the  19th 
ection: 

"SEC.  — .  The  legislature  shall  pass  laws,  with  adequate  penalties,  pre- 
anting  the  intermarriage  of  whites  with  blacks,  and  no  colored  person 
hall  ever,  under  any  pretext,  bo  allowed  to  hold  any  office  of  honor  or 
profit  in  this  state." 

Mr.  J.  Smith  moved  to  lay  the  amendment  on  the  table. 

The  question   was   taken,    by  yeas  and    nays, 

5  Yeas,  ,         .         .         .     54 

(Nap,  ,         .         ..         .     65 


And  decided  in  the  negative, 


Those  voting  in  the  affirmative,  are, 


Mr.  Blair 
Blakely 
Bosbyshell 
T.   Campbell 
Canaday 
Carter 
R.  J.  Cross 
D.  Davis 
Dawson 
Deitz 
Dumoier 
Dunn 
Dunsmore 
N.  W.  Edwards 
Fat-well 
Prick 
Graham 
Geddes 
W.  B.  Green 


^    Mr.  Grimshaw 
Harding 
Harper 
Harvey 
Hatch 
Bawley 
Kay 

Heacock 
Hoes 
Hurlbut 
Jackson 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lemon 
Lockwood 
Me  Cully 
Me  C  lure 


Those  voting  in  the  negative,  are, 


<r.  Akin 

Armstrong 

Atherton 

Ballingall 


Mr.  Bond 

Brocktnai* 
Bunsen 
Z.  Casey 


Mr.  T.  A.  Marshall 
Mason 
Miller 
Minshall 
Moffett 
Northcott 
H.  D.  Palmer 
Sibley 
J.  Smith 
Spencer 
Swan 
Thompson 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Williams, 


Mr.  Choate 
ChurchiR 
Grain 
S.  J.  CMS* 


470 


JOURNAL  OF  THE  CONTENTION.       [August  24. 


Mr.  Dale 

J.  M.  Davis 

Dunlap 

Eccles 

Evey 

P.  Green 

Hayes 

Henderson 

Hunsaker 

Huston 

Jamea 

Jenkins 

Jones 

Judd 

Kitchelt 

Kreider 

Lander 

Lasater 


Mr.  Laughlin 
Linley 
McCallen 
McHatton 
Manly 
Markley 

F.  S.  D.  Marshall 
Mieure 
Moore 
Morris 
Nichols 
Oliver 

J.  M.  Palmer 
Peters 
Pirickney 
Rivet 
Robbins 
Robinsoft 


Mr.  Roman 
Rountree 
Servant 
Shields 
Sh  urn  way 
Sim 

Simpson 
Stadden 
Tutt 
Vernor 
Wead 
Webber 
West 
Witt 

Whiteside 
Worcester 
Mr.  President. 


On  motion  of  Mr.  Witt, 
The  previous  question  was  ordered. 
The  question  was  taken,  by  yeas  and   nays,  on    the  adoption   of  th«- 
amendment^ 


And  decided  in  the  affirmative, 

' 


TvT 
(Nays, 


8% 
32 


Those  voting  in  the  affirmative,  are, 


ftp.  Akin 
Allen 
Archer 
Atherton- 
Balling*!! 
Blair 
Blakely 
Bosbysfeett 
Brockman 
Bunsen 
Carter 

Zadok  Casey 
€hoate 
Churchill 
Grain 

S.  J.  Cross 
Dale 
D.  Davis 
J,  M.  Davis 
Dawson 
Dunlap 
Eccles 

N.  W.  Edwards 
Evey 
Graham 
Geddes 
H.  R.  Green 
P.  Green, 


Mr.  W.  B.  Green 
Grimshaw 
Harlan 
Harper 
Hawley 
Hay 
Hayes 
Henderson. 
Hunsakes 
Huston 
James 
Jenkins 
Jones 
Kenner 
Kitchell 
A.  R.  Knapp 
N.   M.  Knapp 
Lander 
Lasater 
Laughlin 
Lemon 
Linley 
McCallen 
McCnlly 
McHatton 
Manly 
Markley 


Mr.  F.  S.  D.  Marshall 
Mieure 
Moore 
Morris 
Oliver 

J.  M.  Palmer 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Shields 
Sh  urn  way 
Sim 

Singleton? 
Stadden 
Thornton 
Trower 
Tuttle 
Vance 
Vernor 
Webber 
West 
Witt 

Whiteside 
Worcester 
Mr.  President 


August  24.]         JOURNAL  OF  THE  CONVENTION. 

Those  voting  in  the  negative,  are, 


471 


Air.  Adams 

T.  Campbell 

Canady 

R.  J.  Cross 

Deitz 

Dunn 

Frick 

Harding 

Harvey 

Hatch 

Heacock 


Mr.  Hoes 
Hurl  but 
Jackson 
Judd 
Knox 
Lockwood 
McClure 
T.  A.  Mar«liall 
Mason 
Minsha'.i 
MoffeU 


Mr.  H.  D.  Palmer 
Peters 
Piiickney 
Sibley 
Spencer 
Swan 
Thompson 
Turnbull 
Turner 
Williams. 


The  question  was  taken  on  the  adoption  of  the  1 9th  section,  as  amen- 
ded, and  decided  in  the  atfirmutivc. 

Mr.  Bosbyshell  moved  to  amend  the  20th  section  by  adding  the  fol- 
lowing: 

"The  people  at  all  times  have  aright  to  alter,  reform,  or  abolish  their 
form  of  governrnentT  whenever  the  public  good  may  require  it," 


On  motion  of  Mr.  Hurlbut, 
The  amendment  was  laid  on  the  table, 
Those  voting  in  the  affirmative,  are, 


77 
47 


Mr.  Anderson 
Atherton 
Blair 
Bond 
Bunsen 
Canady 
Choate 
Church 
R.  J.  Cross 
D.  Davis 
J    M.   Davis 
Dawson 
Deitz 
Dutntner 
Dunsmore 
Eccles 

N.   VV.  Edwards 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
G.imshaw 
Hii'ding 
Harlan 
Harper 


Mr.  Harvey 
Hay 

Heacock 
Hunsaker 
Hurlbut 
Jackson 
Jones 
Judd 
Kenner 
S    Kinney 
A.  R.  Kiiapp 
N.  M.  Kni»pp 
Knox 
Lander 
Lemon 
Lockwood 
London 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Miller 
Mirishall 
Motfett 
Nichols 
Northcott 


Mr.  H.  D.  Palmer 
Peters 
Pinckney 
Kives 
Robbins 
Roman 
Servat.t 
Shields 
Sibley 
Sim 

Simpson 
E.   O.  Smith 
Spencer 
Swan 
Thornton 
Trower 
Turnbull 
'I  urner 
Tuttle 
Vance 
Vernor 
West 
\Villiams 
Witt 
Woodson. 


47-2  JOURNAL  OF  THE  CONVENTION.       [August  24 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  W.  B.  Green  Mr.  McClure 

Archer  Hatch  McHatton 

Armstrong  Hawley  Markley 

Bailingall  Hayes  Moore 

Blakely  Henderson  Oliver 

Bosbyshell  Hoes  J.  M.  Palmer 

Brockman  Huston  Shumway 

T.  Campbell  James  J.  Smith 

Carter  W.  C.  Kinney  Stadden 

Z.  Casey  Kitchell  Tutt 

Churchill  Kreider  Wead 

S.  J.  Cross  La?ater  Webber 

Dunlap  Laughlin  Whiteside 

Dunn  Linley  .  Worcester 

Evey  McCallen  Mr.  President. 

Farwell  McCully 

Mr.  Turnbuli  moved  to  amend  the  20l.h  section  by  adding  the  follow- 
ing: 

"  But  the  legislature  may  provide  for  equalizing  the  valuation  uf  taxable 
property,  according  to  the  relative  value  of  the  same  in  the  several  coun- 
ties in  this  state." 

On  motion  of  Mr.  Z.  Casey, 

The  40th  section   and  the  amendment  were  laid  on  the  table. 
On  motion  of  Mr.  VVfooilson, 

The  2lst  section  was  laid  on  the  table. 

Mr.  A.  R.  Knapp  moved  the  following  as  a  substitute  for  the  sections 
last  laid  on  the  table: 

"Sac.  — .  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  wi'hout  the  consent  of  the  owner;  nor  in  time  of  war  except  in 
manner  prescribed  by  law." 

The  queMion  v  as  taken,  and  the  substitute  adopted. 

Mr.  Servant  moved  to  amend  the  "2'2c\  section  I)}  adding  the  following: 

u  SEC.  — .  That  from  and  after  the  adoption  ot  this  constitution,  every 
person  who  shall  be  elected  or  appointed  to  any  office  of  profit,  trust,  or 
emolument,  civil  or  military,  legislative,  executive,  or  judicial,  und^r  the 
government  o.  this  state,  shall,  before  he  enters  upon  the  duties  of  his 
office,  in  addition  to  die  oath  prescribed  in  this  constitution,  take  the  fol- 
lowing oath: 

'•  I  do  solemnly  swear  (or  affirm  as  the  case  may  be)  that  I  have  not 
fought  a  duel,  nor  sent  or  accepted  a  challenge  to  fight  a  duel,  the  proba- 
ble issue  of  which  might  have  been  the  death  of  the  challenger  or  chal- 
lenged, nor  been  a  second  to  either  party,  nor  in  any  manner  aided  or  as- 
sisted in  such  duel,  nor  been  knowingly  the  bearer  of  such  chalknge  or 
acceptance,  since  the  adoption  of  the  constitution;  and  that  I  will  i  ot  be 
so  engaged  or  conci-ined,  directly  or  indirectly?  in  or  about  any  such  duel. 
duri  g  my  continuance  in  office,  so  help  me  God." 
On  motion  of  Mr.  Jones, 

The  previous  question  was  ordered. 


August  24.]        JOURNAL  OF  THE  CONVENTION. 


473 


The   question    was  taken,  by   yeas  and  nays,  on  the  adoption  of  tha 
amendment, 


And  decided  in  the  affirmative, 


XT 
(IXays, 


74 
44 


Those  voting  in  the  affirmative,  are, 


Mr.  Blair 
Brown 
Bunsen 
Church 
Churchill 
Constable 
D.  Davis 
Dawson 
Dummer 
Dunn 
Dunsmore 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Grimshaw 
Harding 
Harper 
Havvley 
Heacock 
Hoes 
Hunsaker 


Mr.  Hurlbut 
Jackson 
James 
Jones 
Judd 
Kenner 
S.  Kinney 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Laughlin 
Lemon 
Logan 
McCallen 
McHatton 
Mark  ley 
Mason 
Mieure 
Minshall 
Mpffett 
Nichols 
Northcott 
H.  D.  Paimer 
M.  J.  Palmer 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Anderson 

Armstrong 

Ballingall 

Blakely 

Bosbyshell 

Brockman 

J.  M.  Campbell 

Canady 

Carter 

Z.  Casey 

Choate 

R.  J.  Cross 

Dale 

J.  M.  Davis 


Mr.  Deitz 
Dunlap 
Eccles 
Harlan 
Hayes 
Henderson 
Hogue 
Huston 
Kreider 
Lasater 
Linley 
Loudon 
McCully 
McClure 
F.  S.  D.  Marshall 


Mr.'  Peters 
Pinckney 
Rives 
Robbins 
Robinson 
Roman 
Scates 
Servant 
Shields 
Sibley 
Sim 

Spencer 
Swan 

Thompson 
Thornton 
Turnbull 
Turner 
Vance 
Williams 
Witt 
Whitney 
Woodson 
Worcester 
Mr.  President. 


Mr.  Miller 
Moore 
Morris 
Oliver 
Pace 

Shumway 
Simpson 
Stadden 
Trower 
Tutt 
Tuttle 
"Vernor 
Wead 
Whiteside. 


The  question  was  taken  on  the  adoption  of  the  22d  section,  and    deci. 
ded  in  the  affirmative. 

Mr.  Shumway  moved  the  following  as  an   amendment  to  the  23d  sec- 
tion: 

'•SEC.  - — .No  branch  or  branches  of  a  United  Stales  bank  shajl  be  lo- 
cated in  this  state." 

On  motion  of  Mr.  Eccles, 
A  cHI  of  the  convention  was  ordered. 


474 


JOURNAL  OF  THE  CONVENTION.       [August  24. 


The  call  was  proceeded  in  for  some  time,  and  a  quorum  being  present, 
On  motion  of  Mr.  J.  M.  Davis, 

Further  proceedings  under  the  call  were  dispensed  with, 

The  following  gentlemen  were,  absent: 

Messrs.  Allen,  Bond,  Butler,  F.  S.  Casey,  (sick,)  Colby,  Constable, 
Grain,  T.  G.  C.  Davis,  (sick,)  Dement,  Edmonson,  W.  B.  Green,  Gregg, 
Hay,  Hill,  Jenkins,  W.  C.  Kinney,  Knowlton,  T.  A.  Marshall,  Matheny, 
Powers,  Pratt,  Sharpe,  Sherman,  Singleton,  E.  O.  Smith,  and  Web- 
ber—2G. 

On  motion  of  Mr.  Geddes, 

(The  rules  having  been  temporarily  suspended,) 

Leave  of  absence  was  granted  to  Mr.  Sharpe  for  seven  days. 

Mr.  Deitz  offered  the  following  as  an  amendment  to  the  amendment: 

rt  Without  first  obtaining  the  consent  of  the  state  legislature." 
On  motion  of  Mr.Shumway, 

The  previous  question  was  ordered. 

The  question  was  taken,  and  the  amendment  to  the  amendment  rejec- 
ted. 


On  motion  of  Mr.  J.  M.  Campbell, 

The  amendment  was  laid  on  the  table,  <  TvTCa?' 

(  i\ays, 

Those  voting  in  the  affirmative,  are, 


74 
63 


Mr.  Adams 
Blakely 
Bond 

J.  M.  Campbell 
Can  ad  y 
Z.  Casey 
Church 
Constable 
R.  J.  Cross 
D.   Davis 
J.   M.  Davis 
Dawson 
Deitz 
Dimmer 
D'lnsmore 
Eccles 
C.  Edwards 
N.   W.  Edwards 
Frick 
Gr  iham 
Geddes 
H.  R.  Green 
Grimshanr 
Harding 
Harlan 


Mr.  Harper 
Haw  ley 
Holmes 
Hurlbut 
Huston 
Jackson 
Judd 
Keriner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lemon 
Lock  wood 
Lo^an 
London 
McCallen 
McHatton 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Millar 
Minshall 


Mr.  Northcott 
Norton 

H,  D.  Palmer 
Pinckney 
Rives 
Robbins 
Robin?on 
Servant 
Shields 
Sibley 
Sim 

Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tuttle 
Vance 
West 
Williams 
Whitney 
Woodson. 


August  2-i.J        JOURNAL  OF  THE  CONVENTION.  473 

Those  voting  in  the  negative,  are, 

Mr.  Akin                                    Mr.  P.  Green  Mr.  Morris 

Anderson                                    Harvey  Nichols 

Archer                                        Hatch  Oliver 

Armstrong                                  Hayes  Pace 

Ballingall                                    Heacock  J.  M.  Palmer 

Blair                                            Henderson  Peters 

Bosbyshell                                  Hoes  Roman 

Brockman                                   Hogue  Scales 

Brown                                        Huusaker  Shumway 

Bunsen                                        James  Simpson 

Caldwell                                     Kitcheli  J.  Smith 

Carter                                           Kreider  Stadden 

Choate                                         Lasater  Thompson 

Churchill                                   Laughlin  Tutt 

Crain                                           Linley  Vernor 

S.  J.  Cross                                  McCully  Wead 

Dale                                            McClure  Webber 

Dunlap                                        Manly  Witt 

Dunn                                           Markley  Whiteside 

Evey                                              Moffett  Worcester 

Farwell                                       Moore  Mr.  President. 

The  question  was  taken  on   the  adoption  of  the  23d  section,  and  deci- 
ded in  the  affirmative. 

Mr.  Williams  moved  that  the  vote  taken  this  morning,  on  the  adoption 
of  the  19th  section,  as  amended,  be  reconsidered. 
On  motion, 

The  convention  adjourned  until  3  o'clock,?.  M. 


THREE  O'CLOCK,  p.  M. 


Convention  assembled  pursuant  to  adjournment. 

Mr.  Williams  withdrew  his  motion  to  reconsider. 

Mr.  N.  W.  Edwards  moved  to  refer  the  bill  of  rights,  ;is  amended  and 
modified,  to  the  committee  on  Revision  and  Adjustment  of  the  Articles  of 
the  Constitution,  with  the  instructions  embraced  in  the  following  preamble 
and  resolutions: 

€<  Whereas,  so  much  of  section  19  of  the  bill  of  rights  as  provides  for 
restriction  upon  blacks  in  connection  with  certain  civil  rights,  privileges, 
and  immunities,  is  an  implied  admission  of  their  possession  of  such  rights 
as  citizens  of  this  state  and  the  United  States,  in  the  absence  of  such  con- 
stitutional restric-tions;  and  whereas,  the  directions  therein  given  to  the 
legislature  presupposes  that  any  portion  of  the  people  of  this  state  would 
be  in  favor  of  conferring  such  rights  and  privileges  ( as  is  therein  denied) 
to  colored  people;  and  whereas,  the  legislature  would  have  no  power  to 
allow  to  persons  of  color  to  hold  office,  and  without  any  constitutional  pro- 
hibition have  already  passed  laws  with  severe  penalties,  not  only  making 
intermarriage  contracts  between  them  and  whites  a  criminal  offence,  but 
null  and  void;  therefore, 


476 


JOURNAL  OF  THE  CONVENTION.          [August  24, 


"Resolved,  That  said  article  be  committed  to  the  committee  on  Revis- 
ion with  instructions  to  omit  so  much  of  said  section  as  refers  to  persons 
of  color. 

On  motion  of  Mr.  Witt, 

The  previous  question  was  ordered. 

Mr.  Scates  moved  to  divide  the  question,  so  as  to  vote  first  on  the  ques- 
tion of  reference. 

The  question  was  taken,  and  the  convention  refused  to  order  a  division. 

The  question  was  taken,  by  yeas  and  nays,  on  the  motion  of  reference 
with  the  instructions, 

And  decided  in  the  affirmative,  \\f™" 

'  {  Nays,  .         .          .         .     ()3 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Bond 

Bosbyshell 
Brown 
T.  Campbell 
Canady 
Church 
Churchill 
Constable 
S.  J,  Cross 
Dale 
D.  Davis 
Dawson 
Deitz 
Dummer 
Dunn 
Dunsmore 
C.  Edwards 
N.  VV.  Edwards 
Fnck 
Graham 
Geddes 


Mr.  H.  R.  Green 
Griinshaw 
Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hay 

Heacock 
Henderson 
Hoes 
Jackson 
Judd 

S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Logan 
McClure 

F.  S.  D.  Marshall 
T.  A.  Marshall 


Those  who  voted  in  the  negative,  are, 


Mr.  Akin 
Archer 
Ather.ton 
Ballingall 
Brockman 
Bunsen 
Caldwell 
J.  M.  Campbell 
Carter 
Z.  Casey 
Choate 
Colby 
Grain 
Dunlap 
Eccles 
Evey 
Farwell 
P.  Green 
Hawley 
Hayes 
Hogue 


Mr.  Holmes 
Hunsaker 
Huston 
James 
Kenner 
Kitchell 
Kreider 
Lasater 
Laughlin 
Lin ley 
Lockwood 
London 
McCalien 
McCully 
McHatton 
Manly 
Markley 
Mieure 
Miller 
Moore 
Morris 


Mr.  Mason 
Minshall 
Moffett 
Northcott 
Norton 

H.   D.  Palmer 
Peters 
Pinckney 
Sibley 
Sim 

E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thompson 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
Williams 
Woodson. 


Mr.  Oliver 
Pace 

J.  M.  Palmer 
Pratt 
Rives 
Robbins 
Robinson 
Roman 
Scates 
Shields 
Sh  urn  way 
Singleton 
J.  Smith 
Thornton 
Tutt 
Vernor 
Webber 
Witt 

Whiteside 
Worcester 
Mr.  President. 


August  24.]       JOURNAL  OF  THE  CONVENTION. 


477 


Mr.  Constable  moved  to  take  up  the  report  of  the  select  committee  ap- 
pointed to  apportion  the  state  into  senatorial  and  representative  districts 
for  consideration. 

On  motion  of  Mr.  Harding, 

The  previous  question  was  ordered. 

The  question  was  taken  on  taking  up  the  report,  and  decided  in  the 
affirmative. 

Mr.  Witt  moved  to  refer  the  report  to  a  select  committee  of  nine. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Cram  moved  to  refer  so  much  of  the  report  as  relates  to  the  2d, 
3d,  and  4th  judicial  circuits,  to  a  select  committee  of  one  from  each  coun- 
ty in  those  circuits. 


On  motion  of  Mr.  Akin, 
The  motion  was  laid  on  the  table/ 

Those  voting  in  the  affirmative,  are, 


5  Yeas,     . 
JNajs.     . 


84 
57 


Mr.  Akiri 

Anderson 

Archer 

Atherton 

Blair 

Brown 

Buusen 

J.  M.  Campbell 

Canaday 

Carter 

Choate 

Constable 

S.  J.  Cross 

J.   M.  Davis 

Deitz 

Dummer 

Dunn 

Eccles 

FricK 

Graham 

Geddes 

H.  R.  Green 


Harding 

Harper 

Harvey 

Hawley 

Heacock 


Mr.  Hunsaker 
Huston 
Jackson 
James 
Jones 
Judd 

S.  Kinney 
W.  C.  Kinney 
Kitchell 
A.  R.  Knapp 
Knox 
Kreider 
Lander 
Lasater 
Laughlin 
Lemon 
Linley 
Lockwood 
Logan 
McCully 
McHatton 
Manly 
Markley 
T.  A.  Marshall 
Mieure 
Miller 
Motfett 
Moore 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Armstrong 
Ballingall 
Bond 

Bosbvshell 
Brof  kman 
Cal  dwell 
T    Campbell 
Z.  Casey 


Mr.  Church 
Churchill 
Colby 
Grain 

R.  J.  Cross 
Dale 
D.  Davis 
Dunlap 
Dunsmore 


Mr,  Morris 
Nichols 
H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 
Rives 
Robbins 
Robinson 
RounUee 
Scales 
Servant 
Shields 
Simpson 
E.  O.  Smith 
Swan 
Thomas 
Thompson 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vance 
Vernor 
Webber 
White.side 
Whitney. 


Mr.  C.  Edwards 
N.  W.  Edwards 
Farwell 
P.  Grppn 
Grimshaw 
Hailan 
Hatch 
Hayes 
Henderson 


473 


JOURNAL  OF  THE  CONVENTION.       [Augvst  24. 


Mr.  Hoes 
Hogue 
Hurlbut 
Kenner 
N.  M.  Knapp 
Know  Item 
Loudon 
McCallen 
McClure 
F.  S.  D.  Marshall 


Mr.  Mason 
Minshall 
North  cott 
Norton 
Oliver 
Roman 
Sh  n  in  way 
Sibley 
Sim 
J.  Smith 


Mr/Spencer 
Stadden 
Thornton 
Wead 
West 
Williams 
Witt 
ftoodson 
Worcester 
Mr.  President. 


Mr.  McCallen  moved  the  following  as  a  substitute  for  the  report: 

"Until  there  shall  be  a  new  apportionment  of  senators  and  representa- 
lives,  the  state  shall  be  divided  into  senatorial  and  representative  districts, 
and  senators  and  representatives  shall  be  apportioned  among  the  several 
counties  of  the  state  in  accordance  with  the  provisions  of  an  act  of  the 
general  assembly,  entitled  "An  act  to  apportion  the  representation  in  the 
several  counties  in  this  state,"  approved  February  25th,  1847." 

Mr.  Witt  moved  to  amend  the  report  by  striking  out  the  22d  and  23d 
clauses  in  relation  to  representative  districts,  and  by  inserting  in  lieu 
thereof  the  following: 

"The  counties  of  Greene  and  Jersey  shall  constitute  the  twenty-second 
representative  district,  and  be  entitled  to  two  representatives." 

Mr.  Akin  moved  the  previous  question. 

The  question  was  taken,  by  yeas  and  nays,  on  ordering  the  previous 
question, 


(Yeas 
And  decided  in  the  affirmative,    I™ 

(IN  ay  s, 

Those  voting  in  the  affirmative,  are, 


82 
49 


Mr.  Adams 
Akin 
Anderson 
Armstrong 
Atherton 
Blair 

Bosbyshell 
Brockman 
Brown 
Bunsen 
Canaday 
Carter 
Choate 
Church 
Colby 
Constable 
S.  J.  Cross 
D.  Davis 
Deitz 
Dummer 
Dunn 
Eccles 
C.  Edwards 
Farwell 
Frick 
Graham 
Geddes 
H.  R.  Green 


Mr.  Harding 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Heacock 
Holmes 
Hunsaker 
Huston 
Jackson 
James 
Jones 
Kitchell 
A.   K.  Knapp 
Knox 
Lander 
Lasater 
Laughlin 
Lin ley 
Logan 
Loudon 
McClure 
McHatton 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 


Mr.  Miller 
Minshall 
Moffett 
Moore  . 
Morris 
Nichols 
Northcott 
H.  D.  Palmer 
Pratt 
Rives 
Robbins 
Robinson 
Scares 
Servant 
Shields 
Sibley 
Simpson 
F.  O.  Smith 
Thomas 
Turnbull 
Turner 
Tult 
Tuttle 
Vance 
Whiteside 
Woodson 
Worcester. 


August  24.}     JOURNAL  OF  THE  CONVENTION. 


479 


Those  voting  in  the  negative,  are, 


Mr.  Ballingall 
Blakeiy 
Bond 
Caldwell 
J.  M   Campbell 
T.  Campbell 
Z.  Casey 
Churchill 
Grain 

R.  J.  Cross 
Dale 

J.  M.  Davis 
Dunlap 
Dunsiuore 
N.  VV.  Edwards 
P.  Green 
Gregg 


Mr.  Hayes 

Henderson 

Hogue 

Hurlbut 

Judd 

Kenner 

S.  Kinney 

N.  M.  Knapp 

Knovlton 

Kreider 

Lemon 

McCallen 

McCully 

Mark  ley 

Norton 

Oliver 


Mr.  Pace 

J.  M.  Palmer 

Peters 

Roman 

Rountree 

Shumway 

Sim 

J.  Smith 

Spencer 

Thornton 

Vernor 

Webber 

West 

Williams 

Witt 

Mr.  President. 


The   question    was  taken,  by   yeas  and  nay?,  on   the  adoption  of  the 
amendment  proposed  by  Mr.   Witt, 


And  decided  in 

the  negative,       JN 

68 

Those  voting  in 

the  affirmative,  are, 

Mr.  Akin 

Mr.  Farwell 

Mr.  Markley 

Archer 

P.  Green 

Moore 

Armstrong 

Gregg 

Morris 

Atherton 

Harvey 

Oliver 

Ballingall 

Hatch 

J.  M.  Palmer 

Blair 

Hawley 

Peters 

Blakeiy 

Hayes 

Pratt 

Bond 

Heacock 

Scates 

Bosbyshell 

Henderson 

Shields 

Brockman 

Hoes 

Sibley 

Brown 

Hogue 

J.  Smith 

Bunsen 

Huston 

Stadden 

Caldwell 

Jackson 

Thompson 

J.  M.  Campbell 

James 

Vernor 

T.  Campbell 

W.  C.  Kinney 

Wead 

Z.  Casey 

Kitchell 

Webber 

Choate 

Kreider 

Witt 

Churchill 

Lasater 

Whiteside 

Colby 

-     Linley 

Woodson 

Grain 

McCully 

Worcester 

Dunlap 

McClure 

Mr.  President. 

Dunn 

McHatton 

Those  voting  in 

the  negative,  are, 

Mr,  Adams 

Mr.  D.  Davis 

Mr.  Graham 

Anderson 

J.  M.  Davis 

Geddes 

Canady 

Deitz 

H.  R.  Green 

Carter 

Dumuner 

Grimshaw 

Church 

Dunsmore 

Harding 

Constable 

Eccles 

Harlan 

R.  J,  Cross 

C.  Edwards 

Harper 

Dale 

N.  W.  Edwards 

Hunsaker 

480 


JOURNAL  OF  THE  CONVENTION.        [August  24 


Mr.  Hurlbut 
Jones 
Keener 
S.  Kinney 
A.  S ...  Knapp 
N.  ri.  Knapp 
Ku  owl  ton 
Knox 
Lander 
Laughlin 
Lemon 
Lock  wood 
Logan 
McCallen 
Manly 


Mr.  T.  A.  Marshall 
Mason 
Mieure 
Miller 
Mi  nab  all 
Moffett 
Nichols 
Northcott 
Norton 

H.  D.  Palmer 
Rives 
Robinson 
Roman 
Servant 
Sim 


Mr.  E.  0.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tutt 
Tuttle 
Vance 
West 
Williams 
Whitney. 


The  question  was  taken,    by  yeas  and  nays,  on  the  adoption  of  the 
substitute  proposed  by  Mr.  McCallen, 


And    decided  in  the  negative, 


tYeas, 
[Nays, 


46 
92 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Bai'ingall 
Blikely 
Bond 

Bos  by  shell 
Brockman 
Cat  dwell 
Church 
Colby 
Cram 
Do 

Dun  lap 
Dunn 
Farwell 
P.  Green 
Gregg 


Mr.  Harvey 
Hatch 
Hayes 
Heacock 
Henderson 
Ho.es 
Hogue 
Judd 

S.  Kinney 
W.  C.  Kinney 
Knowlton 
Lasater 
Laus;hlin 
Linley 
Loud on 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Anderson 

Archer 

Ar.-nstrong 

ALherton 

Blair 

Brown 

•Bun  sen 

J.  M.  Campbell 

T.  Campbell 

Caua*ly 

Carter 

Z.  Casey 

Cheat* 

CburchiH 

Co     table 

R.  J.  Cross 

6.  J.  Cross 

D.   Javis 

J.  M.  Davis 


Mr.  Deitz 
Dumber 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Frick 
Graham 
Geddes 
H.  R.  Green 
Grimshaw 
Having 
Harlan 
Harper 
Huusaker 
Hurllnit 
Hudtuu 
Jack sun 
James 
Jones 


Mr.  McCallen 
McClure 
McHatton 
F.  S.  D.  Marshall 
Mason 
Nichols 
Norton 
Oliver 
Peters 
J.  Smith 
Spencer 
Turner 
Vernor 
West 
Mr.  President. 


Mr.  Kenner 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Lemon 
Lockwood 
Logan 
McCully 
Manly 
Markiey 
T.  A.  Marshall 
Mieure 
Minshall 
Moffett 
Moore 
Morns 
Northcott 


August  24.]      JOURNAL  OF  THE  CONVENTION. 


481 


Mr.  H.  D.  Palmer 
J.  M.  Palmer 
Pratt 
Rives 
Bobbins 
liobinson 
Roman 
Scates 
Servant 
Shields 
Shumway 


Mr.  Sibley 
Sim 

Simpson 
E.  O.  Smith 
Stadden 
Swan 
Thomas 
Thompson 
Thornton 
Trower 
Turnbull 


Mr.  Tutt 
Tuttle 
Vance 
Webber 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester. 


On  motion  of  Mr.  C.  Edwards, 

(The  rules  having  been  temporarily  suspended,) 

"Resolved,  That  professor  McGuffey,  of  Virginia,  be  allowed  the  use  of 
his  hall  on  Wednesday,  the  !25tri  inst.,at  7  o'clock,  P.M.,  for  the  purpose 
if  delivering  a  lecture  on  popular  education. 

Mr.  Bosbyshell  moved  that  the  convention  adjourn. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Bosbyshell  moved  that  the  vote  be  reconsidered  ordering  the  main 
ueslion. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  rc- 
ort  of  the  select  committee  of  twenty-seven  to  apportion  the  state  into 
senatorial  and  representative  districts, 


And  decided  in  the  affirmative, 


(Yeas, 

(Nays, 


99 
36 


Those  voting  in  the  affirmative,  are, 


kir.  Adams 
Akin 
Anderson 
Archer 
Armstrong 
Atherton 
Blair 
Brockman 
Brown 
Bunsen 

J.  M.  Campbell 
T.  Campbell 
Canady 
Carter 
Z.  Casey 
Church 
Churchill 
Constable 
R.  J.  Cross 
S.  J.  Cross 
Dale 
D.  Davis 
J.  M.  Davis 
Deitz 
Bummer 
Dunn 
Dunsmore 
Eccles 

31 


Mr.  C.  Edwards 
N.  W.  Edwards 
Frick 
Graham 
Geddes 
H.  R.  Green 
Harding 
Harlan 
Hawley 
Holmes 
Hunsaker 
Hurlbut 
Huston 
James 
Jones 
Judd 

W.  C.  Kinney 
Kitcheil 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Kreider 
Lander 
Las  ate  r 
Laugh  1  in 
Lemon 
Lockwood 
Logan 


Mr.  McCully 
McHatton 
Manly 
Markley 
T.  A.  Marshall 
Mieure 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
H.  D.  Palmer 
J.  M.  Palmer 
Pratt 
Rives 
Robbins 
Robinson 
Scates 
Servant 
Shields 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Stadden 
Swan 
Thomas 
Thompson 


432  JOURNAL  OF  THE  CONVENTION.       [August  25. 

Mr.  Thornton                           Mr.  Vance  Miv  Witt 

Trower                                        Vernor  Whiteside 

Turnbull                                     Webber  Whitney 

Tutt                                            West  Woodson 

Tuttle                                         Williams  Worcester. 

Those  voting  in  the  negative,  are, 

Mr.  Ballingall                           Mr.  Hatch  Mr.  F.  S.  D.  Marshall 

Blakely                                      Hayes  Mason 

Bond                                           Heacock  Nichols 

Bosbyshell                                 Henderson  Norton 

Caldwell                                     Hoes  Oliver 

Colby                                          Hogue  Peters 

Crain                                          Kenner  Rountree 

Dunlap                                      S.  Kinney  Shumway 

P.  Green                                    Knowlton  J.  Smith 

Gregg                                          Loudon  Spencer 

Harper                                        McCallen  Turner 

Harvey                                        McClure  Mr.  President. 

On  motion  of  Mr.  Akin, 

The  legislative  report  was  taken  from  the  table,  and  the  legislative  re- 
port, as  amended,  and  the  report  just  adopted,  were  referred  to  the  com- 
mittee on  the  Revision  and  Adjustment  of  the  Articles  of  the  Constitu- 
tion. 

On  motion, 
The  convention  adjourned. 


WEDNESDAY,  AUGUST  25,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Barker. 

The  journal  of  yesterday  was  read. 

Mr.  J.  M.  Palmer  offered  the  following  order  for  adoption: 

Ordered  by  the  convention,  thnt  the  committee  on  Revision,  to  whom 
on  yesterday  the  report  of  the  select  committee  on  the  division  of  the 
state  into  senatorial  and  representative  districts  was  referred,  be  instruc- 
ted to  so  modify  and  report  that  the  same  shall  stand  as  follows: 

*«The  counties  of  Jersey  and  Greene  shall  constitute  the  twenty-second 
representative  district,  and  shall  be  entitled  to  two  representatives,  and 
that  they  arrange  the  succeeding  part  of  said  report  so  as  to  correspond 
thereto. 

On  motion, 

A  call  of  the  convention  was  ordered . 

The  call  having  been  proceeded  in,  the  following  gentlemen  were  found 
to  be  absent: 

Messrs.  Allen,  Bond,  Brown,  Butler,  F.  S.  Casey,  (sick)  Constable, 
T.  G.  C.  Davis,  (sick)  Dawson,  Edmonson,  (sick)  Farwell,  GrimshawT 
James,  W.  C.  Kinney,  Loudon,  T.  A.  Marshall,  Matheny,  Northcott, 
powers,  Sharpe,  Sherman,  Singletonr  Trower,  Vance,  Wead — 26. 


August  25.]       JOURNAL  OF  THE  CONVENTION. 


483 


On  motion, 

Messrs.  Allen  and  James  were  excused,  in  consequence  of  sickness. 

Mr.  Woodson  moved  the  following  as  an  amendment  to  the  order: 

''Also,  that  they  so  change  the  thirty-sixth  section  as  to  give  Adams, 
including  Highland,  two  representatives,  and  Brown  one,  and  that  they 
may  form  two  separate  districts."  * 

Mr.  S.  Kinney  moved  the  following  as  a  further  amendment  to  the 
order: 

"49.  The  counties  of  Marshall,  Woodford,  Livingston  and  Grundy 
shall  constitute  the  forty-ninth  representative  district,  and  be  entitled  to- 
one  representative. 

"50.  The  county  of  La  Salle  shall  constitute  the  fiftieth  representative 
district,  and  be  entitled  to  one  representative. 

" — .  The  counties  of  Bureau  and  Putnam  shall  constitute  the 

district,  and  be  entitled  to  one  representative. 

Mr.  H.  I).  Palmer  moved  to  lay  the  whole  subject  on  the  table. 

Mr.  Witt  called  for  a  division,  so  as  vote  separately  on  laying  each 
proposition  on  the  table. 

The  question  was  taken,  and  the  convention  refused  to  order  such 
division. 

The  question  was  taken,  by  yeas  and  nays,  on  laying  the  whole  subject 
on  the  table, 


And  decided  in  the  negative, 


(Yeas, 
{Nays, 


54 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Blair 
Choate 
Church 
R.  J.  Cross 
Deitz 
Dunsmore 
Eccles 

N.  W.  Edwarda 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Grimshaw 
Harding 
Harlan 


Mr.  Harvey 
Hay 

Heacock 
Hill 
Hoes 
Holmes 
Hurlbut 
Huston 
Judd 
Kenner 
A.  R.  Knapp 
N.  M.  Kuapp 
Knox 
Lander 
Laughlin 
Lemon 
Me  Cully 
McHatton 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Allen 
Archer 
Atijerton 
Ballingall 
Blakely 
Boabyshell 


Mr.  Brockman 
Brown 
Bunsen 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Canady 


Mr.  Mieure 
Miller 
Nichols 
Norton 

H.  D.  Palmer 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 
Servant 
Shields 
Sim  ' 

E.  O.  Smith 
Spencer 
Trower 
Turner 
Tuttle. 


Mr.  Carter 
Z.  Casey 
Churchill 
Colby 
Crain 

S.  J.  Cross 
Dale 


484 


JOURNAL  OF  THE  CONVENTION.        [August 


Mr.  D.  Davis 
J.  M.  Davis 
Dement 
Dummer 
Dunlap 
Dunn 

C.  Edwards 
Evey       £ 
Farwell 
Frick 

W.  B.  Green 
Gregg 
Harper 
Hatch 
Hawley 
Hayes 
Henderson 
Hogue 
Hunsaker 
Jackson 
Jenkins 
Jones 
S.  Kinney 

On  motion  of  Mr.  Turnbull, 
The  previous  question  was  ordered. 
Mr.  Woodson  withdrew  his  amendment. 
The  question  was  taken,  by  yeas  and  nays, 
J.  M.  Palmer, 

And  decided  in  the  affirmative, 


Mr.  Kitchell 
Knowlton 
Kreider 
Lasater 
Linley 
Logan 
Loudon 
McClure 
Manly 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Minshall 
Moffett 
Moore 
Morris 
Northcott 
Oliver 
Pace 

J.  M.  Palmer 
Peters 


Mr.  Robinson 
Rountree 
Scates 
Shumway 
Simpson 
Singleton 
J.  Smith 
Stadden 
Thompson 
Thornton 
Turnbull 
Tutt 
Vernor 
Wead 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodson 
Worcester 
Mr.  President. 


on  the  order  proposed  by 

.        .          .        91 
41 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingal! 
Blair 
Blakely 
Bosbyshell 
Brock  man 
Brown 
Bunsen 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Carter 
Z.  Casey 
Choate 
Churchill 
Colby 
Grain 

R.  J.  Cross 
S.  J.  Cross 
Dale 

T.  G.  C.  Davis 
Dement 
Dunlap 
Dunn 
Evey 
Farwell 


Mr.  Frick 

Mr.  Moore 

Graham 

Morris 

Gregg 

Nichols 

Grimshaw 

Oliver 

Harvey 

Pace 

Hatch 

J.  M.  Palmer 

Hawley 

Peters 

Hayes 

Robbins 

Heacock 

Robinson 

Henderson 

Rountree 

Hill 

Scates 

Hogue 

Shields 

Hunsaker 

Shumway 

Huston 

Simpson 

Jenkins 

J.  Smith 

Kitchell 

Spencer 

Knox 

Stadden 

Kreider 

Thompson 

Lasater 

Thornton 

Laughlin 

Tutt 

Linley 
McClure 

"Vernor 
Wead 

McHatton 

Webber 

Manly 
Mark  ley 

Williams 
Witt 

F.  S.  D.  Marshall 

Whiteside 

T.  A.  Marshall 

Whitney 

Miller 

Woodson 

Minshall 

Worcester 

Moffett 

Mr.  -President 

August  25.]        JOURNAL  OF  THE  CONVENTION.  4Sr) 

Those  voting  in  the  negative,  are, 

Mr.  Consta%  Mr.  Hay  Mr.  Northcott 

Deitz  Jones  H.  D.  Palmer 

Dummer  Judd  Rives 

Dunsmore  Kenner  Roman 

Eccles  S.  Kinney  Servant 

C.  Edwards  A.  R.  Knapp  Sim 

N.  W.  Edwards  N,  M.  Knapp  E.  O.  Smith 

Gedd«s  Knowlton  Swan 

H.  R.  Green  Lander  Thomas 

P.  Green  Lemon  .       Trower 

W.  B.  Green  Logan  Turnbull 

Harding  McCallen  Turner 

Harlan  McCully  Tuttle. 

Harper  Mieure 

Mr.  S.  Kinney  moved  the  adoption  of  the  following  order: 

"Ordered  by  the  convention^  that  the  committee  on  Revision,  to  whom 
on  yesterday  the  report  of  the  select  committee  on  the  division  of  the 
state  into  senatorial  and  representative  districts  was  referred,  be  instruc- 
ted to  so  modify  said  report  that  the  same  shall  stand  as  follows: 

"49.  The  counties  of  Marshall,  Woodford,  Livingston  and  Grundy 
shall  constitute  the  forty-ninth  representative  district,  and  be  entitled  to 
one  representative. 

"50.  The  county  of  La  Salle  shall  constitute  the  fiftieth  representative 
district,  and  be  entitled  to  one  representative. 

"  —  •  The  counties  of  Bureau  and  Putnam  shall  constitute  the  - 
district,  and  be  entitled  to  one  representative." 

On  motion  of  Mr.  Armstrong, 
The  order  was  laid  on  the  table, 


(i\ays,      .....       oo 
Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Dummer  Mr.  Hunsaker 

Allen  Dunlap  Huston 

Anderson  Dunn  Jenkins 

Armstrong  Dunsmore  Jones 

Atherton  C.  Edwards  Kenner 

Bailingall  N.  W.  Edwards  Kitchell 

Blair  Evey  N.  M.  Knapp 

Blakely  Farwell  Lasater 

Bosbyshell  Graham  Laughlin 

Brookman  H.  R.  Green  Linley 

Brown  P.  Green  McCully 

Bunsen  Gregg  McClure 

J.  M.  Campbell  Grimshaw  McHatton 

T.  Campbell  Harding  Manly 

Carter  Harlan  Markley 

Z.  Casey  Harvey  F.  S.  D.  Marshall 

Choate  Hatch  T.  A.  Marshall 

Churchill  Hawley  Mieure 

Colby  Hay    '  Moffett 

Crain  Hayes  Moore 

S.  J.  Cross  Henderson  Morris 

Dale  Hill  Nichols 

T.  G.  C.  Davis  Hoes  Norton 

Dement  .  Hogue  PaceJJ 


486 


JOURNAL  OF  THE  CONVENTION.      [August  25 


Mr.  H.  D.  Palmer 
Bobbins 
Roman 
Rountree 

Scales 
Shields 
Shumway 
Sim 


Mr.  Singleton 
J.  Smith 
Stadden 
Swan 
Thomas 
Thompson 
Thornton 
Trower 


Those  voting  in  the  negative,  are, 


Mr.  Canady 
Church 
Constable 
R.  J.  Cross 
Deitz 
Eccles 
Frick 
Geddes 
W.  B.  Green 
Harper 
Heacock 
Hurlbut 


Mr.  Jackson 
Judd 

S.  Kinney 
A.  R.  Knapp 
Knowlton 
Knox 
Lander 
Lemon 
Logan 
McCallen 
Miller 
Minshall 


Mr.  Tutt 
Vernor 
Wead 
Webber 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Northcott 
Oliver 

J.  M.  Palme? 
Peters 
Rives 
Sibley 

E.  O.  Smith 
Spencer 
Turnbull 
Turner 
Tuttle. 


Mr.  Williams  offered  for  adoption  the  following  order: 
Ordered,  that  the  committee  on  Revision  be  instructed  so  to  change  the 
thirty-sixth  clause  of  the  report  dividing  the  state  into  representative  dis- 
tricts as  that  Brown   county   elect  one    representative   and  Adams  and 
Highland  two. 


On  motion  of  Mr.  Laughlin, 
The  order  was  laid  on  the  table, 


(Nays, 


72 
55 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Allen 
Anderson 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bosbyshell 
Brown 
Bunsen 
Canaday 
Carter 
Z.  Casey 
Choate 
Churchill 
Grain 
Dale 

T.  G.  C.  Davis 
Dement 
Dunn 
Dunsmore 
Evey 
Farwell 


Mr.  P.  Green 
Gregg 
Grimshaw 
Harding 
Harlan 
Harvey 
Hatch 
Hawley 
Hayes " 
Heacock 
Henderson 
Hill 
Hoes 
Hogue 
Holmes 
Hunsaker 
Huston 

W.  C.  Kinney 
Kitchell 
A..  R.  Knapp 
N.  M.  Knapp 
Kreider 
Lasater 
Laughlin 


Mr.  Linley 
McClure 
Manly 
Markley 
Mieure 
Moffett 
Moore 
Morris 
Nichols 
Pace 

H.  D.  Palmer 
Pinckney 
Robbins 
Robinson 
Scates 
Shields 
Shumway 
Sim 

Stadden 
Trower 
Tutt 
Vernor 
Wead 
Webber, 


i* 


ust  ^5.]         JOURNAL  OF  THE  CONVENTION. 
Those  voting  in  the  negative,  are. 


487 


Mr.  Brockman 

J.  M.  Campbell 

Church 

Colby 

Constable 

R.  J,  Cross 

D.  Davis 

J.  M.  Davis 

Deitz 

Dummer 

Dunlap 

Eccles 

C.  Edwards 

N.  W.  Edwards 

Frick 

Graham 

Geddes 

Harper 

Hurlbut 


Mr.  Jackson 
Jones 
Judd 
Kenner 
S.  Kiriney 
Knowltoa 
Knox 
Lemon 
Logan 
McCallen 
McCully 
McHatton 
F.  S.  D.  Marshall 
Miller 
Minshall 
Northcott 
Norton 
Oliver 


Mr.  J.  M.  Palmer 
Peters 
Rives 
Sibley 
Singleton 
E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Turn  bull 
Turner 
Tuttle 
Williams 
Whiteside 
Whitney 
W  oodson 
Mr.  President. 


On  motion  of  Mr.  Eccles, 

The  report  of  the  committre  on  Miscellaneous  Subjects  and  Questions, 
reported  on  the  Jlth  August,  was  taken  from  the'table,  for  consideration. 


On  motion  of  Mr.  Shields, 
The  report  was  laid  on  the  table,         j^a*? 
Those  voting  in  the  affirmative,  are, 


70 
56 


Mr.  Adams 
Akin 
Anderson 
Armstrong 
Blair 
Brown 
Bunsen 
T.  Campbell 
C an ad ay 
Z.  Casey 
Choate 
Church 
D.  Davis 
Deitz 
Dummer 
Dunn 

C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
Grimshaw 


Mr.  Harlan 

Mr.  Minshall 

Harvey 

Moffett 

Hatch 

Morris 

Hay 

Norton 

Hill 

Oliver 

Hunsaker 

Pace 

Hurlbut 

H.  D.  Palnwr, 

Huston 

Peteis 

Jackson 

Robinson 

Jones 

Rountree 

Judd 

Scales 

Kenner 

Shields 

S.  Kinney 
Kitchell 

Sibley 
Simpson 

Lasater 

Swan 

Laughlin 

Thornton 

Lemon 

Trower 

Liiiley 

J  urnbull 

Lockwood 

Turner 

Logan 

Tutt 

McHatton 

Tuttle 

Manly 

Vernor 

F.  S.  D.  Marshall 

Webber. 

488  JOURNAL  OF  THE  CONVENTION.      [Augustus. 

Those  voting  in  the  negative,  arc, 

Mr.  Allen  Mr.  Harding  Mr.  J.  M.  Palmer 

Ballingall  Hawley  Pinckney 

Blakely  Hayes  Rives 

Brockman  Heacock  Robbins 

Churchill  Henderson  Roman 

Colby  Hoes  Shumway 

Constable  A.  R.  Knapp  Sim 

Grain  N.  M.  Knapp  Singletoa 

R.  J.  Cross  Kreider  Spencer 

S.  J.  Cross  Lander  Stadden 

Dale  McCallen  Thompson 

J.  M.  Davis  Me  Cully  Williams 

Dement  McClure  Witt 

Dunlap  Markley  Whiteside 

Dunsmore  Mieure  Whitney 

Eccles  Miller  Woodson 

Farwell  Moore  Worcester 

P.  Green  Nichols  Mr.  President. 

Gregg  Northcott 

On  motion  of  Mr.  Markley, 

The  report  of  the  committee  on  Finance  was  taken  from  the  table  for 
consideration. 

Mr.  C.  Edwards  moved  to  substitute  the  following  for  the  report: 

ARTICLE  — . 

SECTION  1.  There  shall  be  annually  assessed  and  collected,  in  the  same 
manner  as  other  state  revenue  may  be  assessed  and  collected,  a  tax  of 
two  mills  upon  each  one  dollar's  worth  of  taxable  property,  in  addition  tc 
ail  other  taxes,  to  be  applied  as  follows,  to  wit:  The  fund  so  created  shall 
be  kept  ?eparats^and  shall,  annually  on  the  first  day  of  January,  be  appor- 
ioned  and  paid  ov*\r,  pro  rata  upon  all  such  state  indebtedness,  other  than 
the  vanal  and  school  indebtedness,  as  may  for  that  purpose  be  presented 
by  th\i  holders  of  the  &ame,  to  be  entered  as  credits  upon,  and  to  that  ex- 
tent, ito  extinguishment  of  the  principal  of  said  indebtedness. 

SEC.  "2.  Hereafter  any  tax  payer  may  have  an  estimate  made  at  any 
time  of  his  proportion  of  the  state  indebtedness  above  provided  for,  by 
taking  as  data  the  whole  of  said  indebtedness,  principal  and  interest,  due 
at  the  time  of  making  the  estimate — the  then  last  assessment  of  the  tax- 
able property  of  such  tax  payer,  and  the  aggregate  of  the  then  last  as- 
sessment for  the  whole  state,  and  may  pay  into  the  treasury  the  amount  of 
such  estimate,  either  in  money  or  in  such  state  indebtedness,  and  upon  so 
paying  shall  be  forever  discharged  from  any  and  all  further  assessments  on 
account  ot  such  state  indebtedness,  in  respect  of  so  much  personal  prop- 
erty as  he  then  has,  and  of  all  such  real  estate  as  may  be  included  in  the 
estimated  assessment,  and  such  real  estate  shall  be  forever  discharged  from 
any  and  all  further  assessments  on  such  account,  into  whosesoever  hand* 
it  may  pass. 

SEC.  3.  Any  state  indebtedness  coming  into  the  treasury  by  virtue  of 
the  above  section,  shall  be  simply  cancelled  and  destroyed,  and  any  mon- 
ey so  coming  in  shall  be  added  to  and  applied  as  part  of  the  aforesaid  mill 
fund. 


August  25.  J     JOURNAL  OF  THE  CONVENTION.  489 

SEC.  4.  This  article  shall  be  submitted  to  a  vote  of  the  people;  and  if 
voted  for  by  a  majoiity  of  all  voting  on  the  question,  shall  become  a  part 
of  this  constitution,  and  shall  remain  in  force  until  the  whole  of  the  in- 
debtedness therein  provided  for  shall  be  paid,  and  no  longer;  and  interest 
shall  be  counted  only  upon  the  original  principal  of  said  indebtedness,  and 
the  extinguished  portions  of  said  principal  shall  cease  to  draw  interest  at 
and  from  the  respective  times  of  their  extinguishment.  And  it  shall  be 
the  duty  of  the  general  assembly  to  make  all  necessary  provision  for  car- 
rying this  article  into  effect  in  good  faith. 
On  motion  of  Mr.  Constable, 

The  report  and  substitute  were  laid  on  the  table,  and  250  copies  order- 
ed to  be  printed  for  the  use  of  the  convention,  and  the  consideration  of 
the  report  and  substitute  made  the  special  order  of  the  day  for  to-mor- 
row, 3  o'clock,  P.  M. 

On  motion  of  Mr.  Armstrong, 

The  report  of  the  select  committee  to  divide  the  state  in  three  judicial 
grand  divisions,  as  amended,  was  taken  from  the  table  for  consideration. 
On  motion  of  Mr.  T.  Campbell, 

The  second  section  was  amended  by  striking  out  the  words  "Princeton 
in  Bureau,"  and  by  inserting  in  lieu  thereof  the  words  "Ottowa  in  La 
SaJle." 

Mr.  D.  Davis  moved  to  amend  the  first  section,  by  striking  the  counties 
ofTazewell  and  McLean  from  the  third  grand  division,  and  attaching 
them  to  the  second  grand  division. 

Mr.  Hogue  proposed  the  following  amendment: 

"That  all  the  counties  in  the  first  and  third  grand  divisions  be  added  to- 
the  second,  and  elect  the  supreme  judges  by  general  ticket."* 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,  P.  M. 

The  convention  met  pursuant  to  adjournment. 
On  motion  of  Mr.  E.  O.  Smith, 

A  call  of  the  convention  was  ordered. 

The  call  was  proceeded  in  for  some  time,   when  it  appeared   that  the 
following  gentlemen  were  absent: 

Messrs.  Archer,  Atherton,  Bond,  Brockman,  Brown,  Butler,  T.  Camp- 
bell, F.  S.  Casey,  (sick)  Constable,  S.  J.  Cross,  Deitz,  Edmonson,  (sick) 
Heacock,  Hill,  Hoes,  Holmes,  Jackson,  James,  W.  C.  Kinney,  Knowlton, 
Mason,  Matheny,  Powers,  Servant,  Sharpe,  Sherman,  Turner,  Tuttle? 
Vance,  Wead,  and  Witt— 32. 
On  motion, 

Further  proceedings  under  the  call  were  dispensed  with. 

The  rules  having,  been  temporarily  suspended, 

Mr.  Colby  offered  for  adoption  the  following  resolution: 

"  Resolved,  That  a  committee  of  three  be  appointed  to  procure  the  trans- 
lation and  printing  of  the  copies  of  the  constitution  ordered  by  this  con- 


490  JOURNAL  OF  THE  CONVENTION.       [Augustus. 

vention  to  be  printed  in  the  German  and  Norwegian  languages,  and  that 
the  translators  be  sworn  to  translate  it  correctly. 

Mr.  Thomas  moVed  to  amend  the  resolution  so  as  to  make  it  the  duty  of 
the  secretary  of  state  to  procure  said  translation  and  printing. 

The  question  was   taken,  and  the  amendment  rejected. 

Mr.  Logan  moved  to  amend  the  resolution  so  as  to  have  a  committee 
of  three  to  attend  to  the  translation  into  the  German  language,  and 
a  like  committee  to  attend  to  the  translation  into  the  Norwegian  lan- 
guage. 

The  question  was  taken  on  the  amendment,  and  decided  in  the  affir- 
mative. 

The  question  was  taken  on  the  adoption  of  the  resolution,  as  amended, 
and  decided  in  the  affirmative. 

Ordered,  That  Messrs.  Colby,  Roman,  and  Stadden,  be  the  committee 
to  procure  the  translation  of  the  constitution  into  the  German  language, 
superintend  the  printing,  &c. 

Ordered,  That  Messrs.  T.  Campbell,  Hurlbut,  .and  Hoes,  be  the  com- 
mittee to  procure  the  translation  of  the  constitution  into  the  Norwegian 
language,  &c. 

The  question  pending  when  the  convention  adjourned  this  morning, 
was  on  the  amendment  offered  by  Mr.  Hogue  to  the  amendment  proposed 
by  Mr.  Davis  to  the  first  section  of  the  report  of  the  committee  to  divide 
the  state  into  three  judicial  grand  divisions. 

Mr.  D.  Davis  withdrew  his  amendment. 

Mr,  Logan  offered  the  following  amendment  to  the  report: 

"SEC.  — .  The  foregoing  districts  may,  after  the  taking  of  each  census 
by  the  state,  be  altered,  if  necessary,  to  equalize  the  said  districts  in  popu- 
lation; but  such  alteration  shall  be  made  by  adding  to  such  districts  such 
adjacent  county  or  counties  as  will  make  said  district  nearest  equal  in  pop- 
ulation; Provided,  no  such  alteration  shall  effect  the  office  of  any  judge 
then  in  office." 

Mr.  J.  M.  Campbell  presented  the  substitute  offered  by  Mr.  Hogue  this 
morning,  as  a  substitute  for  the  amendment. 

On  motion  of  Mr.  Ecclea, 
The  substitute  was  laid  on  the  table,  IN^' 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Dummer  Mr.  Harlan 

Allen  Dunn  Harper 

Anderson  Dunsmore  Hay 

Atherton  Eccles  Heacock 

Blair  C.  Edwards  Hurlbut 

Caldwell  N.  W.  Edwards  Jackson 

Canady  Frick  Jones 

Church  Graham  Judd 

Churchill  Geddes  Kenner 

D.  Davis  H.  R.  Green  S.  Kinney 

J.   M.  Davis  P.    Green  A.  R.  Knapp 

T.  G.  C.  Davis  Grimshaw  N.  M.  Knapp 

Dawson  Harding  Knowlton 


lugust  25.]j       JOURNAL  OF  THE  CONVENTION. 


491 


Mr.  Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Miller 


Mr.  Minshall 
Moffett 
North  cott 
Norton 

H.  D.  Palmer 
Pinckney 
Rives 
Robbins 
Shields 
Sibley 
Sim 
E.  0.  Smith 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Archer 
Armstrong 
Ballingall 
Blakely 
Bosbyshell 
Brown 
Bunsen 

J.  M.  Campbell 
Carter 
Z.  Casey 
Choate 
Colby 
Grain 
Dale 
Dement 
Dun  lap 
Evey 
Farwell 
Gregg 
Harvey 


Mr.  Hatch 
Hawley 
Henderson 
Hogue 
Hunsaker 
Huston 
Jenkins 
Kitchell 
Kreider 
Lasater 
Laughlin 
Liriley 
Me  Cully 
McClure 
McHatton 
Manly 
Markley 
Moore 
Morris 
Nichols 


Mr.  J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Williams 
Woodson. 


Mr.  Oliver 
Pace 
J.  M.  Palmer 

Peters 

Pratt 

Roman 

Rountree 

Scales 

Shu  in  way 

Simpson 

Singleton 

Stadden 

Thompson 

Tutt 

Vernor 

Wead 

Webber 

Whiteside 

Worcester 

Mr.  President. 


Mr.  Dement  proposed  the  following  as  a  substitute  for  the  amendment: 
"The  qualified  voters  of  each  of  the  three  grand  divisions  shall  vote  for 

the  supreme  judges,  one  of  whom  shall  reside  in  and    be  taken  from  each 

of  said  divisions." 


On  motion  of  Mr.  Lockwood, 
The  substitute  was  laid  on  the  table, 
Those  voting  in  the  affirmative,  are, 


(Yeas, 

{Nays. 


73 

67 


Mr.  Adams 
Caldwell 
Canady 
Church 
Churchill 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Duinmer 
Dunsmore 
Eccles 


Mr.  C.  Edwards 
N.  W.  Edwards 
Fnck 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
W.  B.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hay 


Mr.  Heacock 
Holmes 
Hurlbut 
Jackson 
Jones 
Judd 
Kenner 
S.  Kmney 
A.  R.  Knapp 
N.  M.  Knapp 

KhOwltOB 

Knox 
Lander 


492 


JOURNAL  OF  THE  CONVENTION.      [August  2 


Mr.  Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Miller 
Minshall 
Moffett 


Mr.  Northcott 
Norton 
Pinckney 
Rives 
Robbins 
Robinson 
Roman 
Shields 
Sim 

E.  O.  Smith 
J.  Smith 


Those  who  voted  in  the  negative,  are. 


Mr.  Akin 
Allen 
Anderson 
Archer 
Armstrong 
Atherton 
Ballingall 
Blair 
Blakely 
Bosbyshell 
Brown 
Bunsen 

J.  M.  Campbell 
T.  Campbell 
Carter 
Z.  Casey 
Choate 
Colby 
Grain 
Dale 
Dement 
Dunlap 
Dunn 


Mr.  Evey 
Farwell 
Gregg 
Harvey 
Hatch 
Hawley 
Henderson 
Hogue 
Hunsaker 
Huston 
Jenkins 
Kitchell 
Kreider 
Lasater 
Laughlin 
Linley 
McCully 
McClute 
McHatton 
Manly 
Markley 
Moore 


Mr.  Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
West 
Williams 
Woodson. 


Mr.  Morris 
Nichols 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 
Rountree 
Scates 
Shumway 
Simpson 
Singleton 
Stadden 
Thompson 
Tutt 
Vernor 
Wead 
Webber 
Whiteside 
Worcester 
Mr.  President, 


On  motion  of  Mr.  Eccles, 
The  previous  question  was  ordered. 
The  question  was  taken  on  agreeing  to  the  amendment  offered  by  Mr. 
Logan,  and  decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  article,  as  amended,  ane 
decided  in  the  affirmative. 

On  motion  of  Mr.  Turnbull, 
The  article,  as  amended,  was  referred  to  the  committee  on  the  Revis- 
ion of  the  Articles  of  the  Constitution. 

On  motion  of  Mr.  Harding, 

The  committee  on  Revision  was  instructed  to  insert  after  the  word 
"for,"  in  the  second  line  of  the  third  section,  the  words  "with  the  con- 
sent of  all  the  parties  in  the  same." 

On  motion  of  Mr.  Hayes, 
The  report  submitted  by  him  from  the  committee  on  Law  Reform  was 
taken  from  the  table  for  consideration  by  sections. 

The  first  section  having  been  read,  and  Mr.  Hayes  having  proceedec 
with  remarks  in  reference  to  it  until  his  time,  under  the  lule,  had  expir 
ed, 


August  25.]       JOURNAL  OF  THE  CONVENTION. 


493 


On  motion  of  Mr. C.  Edwards, 
Leave  was  granted  to  Mr.  Hayes  further  to  proceed, 

On  motion  of  Mr.  Woodson, 

The  first  section  was  laid  on  the  table,  ]  »L  .  * 

C 


Gi) 
53 


Those  voting  in  the  affirmative,  are, 


IVfr.  Adams 
Anderson 
Blair 
Bunsen 
T.  Campbell 
Canady 
Z.  Casey 
Choate 
Church 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunn 
Dunsinore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Frick 
Geddes 
H.  R,  Green 
W.  B.    Green 
GrimshaRr 


Mr.  Harlan 
Harper 
Harvey 
Hoes  " 
Hurlbut 
S.  Kinney 
A.  R.  Knapp 
Kn  owl  ton 
Knox 
Lemon 
Lockwood 
Logan 
Loudon 
Me  Cully 
McClure 
Manly 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mieure 
Miller 
Minshall 
Moffett 
Norton 


Those  voting  in  the  negative,  are, 


Mr.  Archer 
Armstrong 
Atherton 
Blakely 
Caldwell 
Carter 
Churchill 
Dale 

T.  G.  C.  Davis 
Dement 
Evey 
Farwell 
Graham 
P.  Green 


Harding 
Hawley 
Hay 


Mr.  Hayes 
Heacock 
Hogue 
Hunsaker 
Huston 
Jenkins 
Judd 
Kenner 
Kitchell 
N.  M.  Knapp 
Kreider 
Lander 
Lasater 
Laughlin 
Linley 
McCallen 
McHatton 
Markley 


Mr;  Oliver 

H.  D.  Palmer 

J.  M.  Palmer 

Peters 

Rives 

Robbing 

Robinson 

Rountree 

Scates 

Servant 

Shields 

Sibley 

E.  O.  Smith 

Spencer 

Swan 

Thomas 

Thornton 

Trower 

Tuttle 

Vernor 

West 

Williams 

Woodson. 


Mr.  Mason 
Morris 
Nichols 
Northcott 
Pace 

Pinckney 
Pratt 
Roman 
Shumway 
Sim 

Simpson 
J.  Smith 
Stadden 
Turner 
Webber 
Whites  ide 
Whitney 
Mr.  President. 


The  question  was  taken  on  tlie  adoption  of  the  second  section,  and  de- 
cided m  the  affirmative. 

Mr.  Scates  moved  a  reconsideration  of  the  last  vote. 

The  question  was  taken,  and  decided  in  the  affirmative. 

Mr.  Hayes  moved  to  amend  the  second  section  by  striking  out  the 
fords  "all  the  laws,"  and  to  insert  in  lieu  thereof  the  words  "the  gen- 


494  JOURNAL  OF  THE  CONVENTION.       [August  26. 

eral  assembly  shall  provide  for  such  a  codification  of  the  laws  now  in  force 
as  to  them  may  seem  practicable  and  expedient,  and  such  code  with  all 
the  public  laws  hereafter  passed. 

Mr.  Pratt  offered  the  following  as  a  substitute  for  the  amendment: 

"  The  legislature,  at  its  first  session  after  the  adoption  of  this  constitu- 
tion, shall  provide  for  the  appointment  of  one  or  more  commissioners, 
whose  duty  it  shall  be  to  revise,  reform,  simplify  and  abridge  the  rules  and 
practice,  pleadings,  forms,  and  proceedings  of  the  courts  of  this  state,  and 
to  report  thereon  to  the  legislature,  subject  to  their  adoption  and  modifica- 
tion from  time  to  time. 

On  motion  of  Mr.  Lockwood, 

The  report  and  amendment  were  laid  on  the  table. 
On  motion  of  Mr.  Grimshaw, 

(The  rules  having  been  temporarily  suspended.) 

Ordered,  That  the  ladies  of  the  first  Presbyterian  church  be  permitted 
to  use  the  senate  chamber  on  Friday  evening  next. 
On  motion, 

The  convention  adjourned. 


THURSDAY,  AUGUST  26, 1847. 


The  convention  assembled  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Barger. 
The  journal  of  yesterday  was  read  and  corrected. 
Mr.  C  aid  well  moved  for  adoption  the  following 

RULES: 

The  various  articles  referred  to  the  committee  on  Revision  &c.,  as  we!S 
as  those  hereafter  referred,  shall  not  be  changed,  altered,  or  amended,  ex- 
cept to  revise  and  correct  the  language  thereof. 

The  report  of  the  committee  of  Revision  when  made  to  the  convention, 
shall  be  taken  up  and  the  amendments  of  such  committee  first  considered, 
and  after  the  action  of  the  convention  upon  such  amendments,  the  ques- 
tion shall  then  be  upon  the  adoption  of  the  whole  report,  and  no  division 
shall  be  had. 

No  further  business  shall  be  considered,  except  the  reports  now  on  the 

table,  the  report  of  the  committee  on  Revision,  and  the    reports  of  tb* 

committees  on  Schedule  and  Address. 

On    motion  of  Mr.  Eccles, 

The  previous  question  was  ordered. 

Mr.  Armstrong  called  for  a  division,  so  as  to  vote  separately  on  each 
rule. 

The  question  was  taken,  and  the  convention  refused  to  order  a  di- 
vision. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
rules, 


us!  26.] 


JOURNAL  OF  THE  CONVENTION. 


495 


And  decided  in 

.1      rr-                 {Yeas, 
the  affirmative,    <M 
I  r\  aySj 

Those  voting  in 

the  affirmative,  are, 

Mr.  Adams 

Mr.  Harper 

Akin 

Harvey 

Allen 

Hawley 

Anderson 

Hay 

Archer 

Hayes 

Atherton 

Hill 

Ballingall 

Hogue 

Blair 

Holmes 

Blakely 

Hunsaker 

Bond 

Hurlbut 

Brown 

Jackson 

Bunsen 

James 

Caldwell 

Jones 

CanaUay 

Kenner 

Z.  Casey 

S.  Kinney 

Choate 

Kitchell 

Church 

A.  R.  Knapp 

Constable 

N.  M.  Knapp 

S.  J.  Cross 

Knowlton 

D.  Davis 

Knox 

J.  M.  Davis 

Lander 

Dawson 

Lasater 

Deitz 

Lemon 

Dumraer 

Lockwood 

Dunlap 

Logan 

Dunn 

Loudon 

Dunsraore 

McCallen 

Eccles 

McCully 

C.  Edwards 

McClure 

N.  VV.  Edwards 

McHatton 

Frick 

Manly 

Geddes 

F.  S.  D.  Marshall 

H.  R.  Green 

T.  A.  Marshall 

P.  Green 

^             Mieure 

W.  B.  Green 

Miller 

Grimshaw 

Minshall 

Harding 
Harlan 

Moffett 
Nichols 

Those  voting  in  the  negative,  are, 

Mr.  Armstrong 

Mr.  Evey 

Bosbyshell 

Farwell 

Brockman 

Graham 

J.  M   Campbell 
T.  Campbell 

Gregg 
Hatch 

Carter 

Heacock 

Churchill 

Henderson 

Colby 

Huston 

R.  J.  Cross 

Jenkins 

Dale 

Judd 

Dement 

Kreider 

113 
32 


Mr.  Northcott 
Oliver 
Pace 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scales 
Servant 
Shields 
Sibley 
Sim 

E.  O.  Smith 
J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trow<r 
Turnbull 
Turner 
Tutt 
Tuttle 
Vernor 
Webber 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Laugh lin 
Markley 
Mason 
Moore 
Shumway 
Stadden 
Thompson 
Wead 
Whiteside 
Mr.  President, 


Mr.  Scates  moved  that  the  committee  on  Revision  be  instructed  to  re- 
port back  the  articles  as  fasi  a>  rigreed  on,  and  as  fast  as  disposed  of  in 
convention,  that  they  be  passed  to  the  printer. 
On  motion  of  Mr.  Athertnn, 

The  previous  question  was  ordered. 


496 


JOURNAL  OF  THE  CONVENTION.         [August  26. 


The  question  was  taken  on  the  motion  made  by  Mr.  Scates,  and  deci- 
ded in  the  negative. 

On  motion  of  Mr.  Thomas, 

The  report  of  the  committee  on  Education  was  taken  from  the  table. 

Mr.  T.  Campbell  moved  to  strike  out  the  4th  and  5th  sections,  and  to 
insert  the  following  in  lieu  thereof: 

<4SEC.  — .  The  supervision  of  public  instruction  shall  be  vested  in  a 
state  superintendent,  and  such  other  officers  as  the  general  assembly  may 
direct.  The  state  superintendent  shall  be  elected  by  the  qualified  voters 
of  the  state;  shall  hold  his  office  for  the  term  of  three  years,  and  until  his- 
successor  is  elected  and  qualified,  and  shall  receive  a  salary  of  one  thou- 
sand fiv«  hundred  dollars  per  annum.  The  general  assembly  shall  pro- 
vide for  filling  vacancies  in  the  office  of  state  superintendent.  The  duties 
and  powers  of  state  superintendent  shall  be  prescribed  and  defined  by 
law." 

Mr.  Atherton  moved  to  lay  the  report  and  amendments  on  the  table. 

Mr.  Logan  called  for  a  division  of  the  question  so  as  to  vote  first  on  lay- 
ing the  amendment  on  the  table,  and  the  convention  seconded  the  call. 

The  question  was  taken,  by  yeas  and  nays,  on  laying  the  amendment 
on  the  table, 


And  decided  in  the  negative, 


63 
75 


Thosq  voting  in  the  affirmative,  are, 


Mr.  Akin 
Atherton 
Blair 
Bunsen 
€aldwell 
Canaday 
Choate 
Grain 
L>.   Davis 
T.  G.  C.  Davw 
Dawson 
Deilz 
Dummer 
Eccles 

N.  W.  Edwards 
Evey 
Frick 
P.  Green 
W.  B.  Green 
•Grimshaw 
Harlan 
Harper 


Mr.  Hawley 
Hay 

Heacock 
Hunsaker 
Jones 
Kenner 
Kitchell 
Kreider 
Lasater 
Lemon 
Linley 
Logan 
Loudon 
McHatton 
Markley 

F.  S.  D.  Marshall 
Matheny 
Mieure 
Morris 
Nichols 
Northcott 


Mr.  Oliver 

H.  .0.  Palmer 

Rives 

Robbins 

Robinson 

Roman 

Rountree 

Scates 

Shields 

Shumway 

Simpson 

E.  O.  Smith 

J.  Smith 

Swan 

Thornton 

Turnbull 

Tuttle 

Vernor 

Williams 

Witt 

Woodson. 


Those  voting  in  the  negative,  are, 


Mr,  Adams 
Anderson 
Armstrong 
Ballingall 
Blakely 
Bond 


Mr.  Bosbyshell 
Brockraan 
Brown 

J.  M.  Campbell 
T.  Campbell 
Cartei- 


Mr.  Z.  Casey 
'  Church 
Churchill 
R.  J.  Cross 
S.  J.  Cross 
Dale 


August  27.]        JOURNAL  OF  THE  CONVENTION.  497 

Mr.  J.  M.  Davis  Mr.  James  Mr.  Pace 

Dement  Jenkins  J.  M.  Palmer 

Dunlap  Judd  Peters 

Dunsmore  S    Kinney  Pinckney 

C.  Edwards  N.  M.  Knapp  Pratt 

Farwell  Knowlton  Servant 

Graham  Knox  Sibley 

Geddes  Lander  Sim 

H.  R.  Green  Laughlin  Spencer 

Gregg  Lockwood  Stadden 

Harding  McCallen  Thompson 

Harvey  Me  Cully  Turner 

Haich  .  McClure  Tutt 

Henderson  Mason  Webber 

Hoes  Miller  West 

Hogue  Minshall  Whiteside 

Hurl  but  Moffett  Whitney 

Huston  Moore  Worcester 

Jackson  Norton  Mr.  President. 

The  question  was  taken  on  laying  the  report  on  the  table,  and  decided 
in  the  negative. 

Mr.  J.  M.  Davis  moved  to  amend  the  amendment  by  striking  out  all 
after  the  word  "instruction,1'  and  to  insert  in  lieu  thereof  the  words 
"may  be  vested  in  a  state  superintendent,  in  such  manner  and  with  such 
compensation  as  the  general  assembly  may  direct." 

Mr.  T.  Campbell  modified  his  amendment  by  striking  out  the  words 
"elected  by  the  qualified  voters  of  the  state,'*  and  by  inserting  in  lieu 
thereof  the  words  ''appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate,"  and  by  striking  out  the  second  word  "  elected/" 
and  by  inserting  in  lieu  thereof  the  word  "appointed." 
On  motion  of  Mr.  C.  Edwards, 

The  convention  adjourned. 


FRIDAY,  AUGUST  27,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Bergen. 

The  journal  of  yesterday  was  read. 
On  motion  of  Mr.  Constable, 

A  call  of  the  convention  was  ordered; 

The  call  was  proceeded  in  for  some  time,  and  the  following  gentlemen 
were  found  to  be  absent: 

Messrs.  Adams,  Anderson,  Brown,  Butler,  F.  S.  Casey,  (sick)  T.  G. 
C.  Davis,  (ill)  Dement,  Edmonson,  (sick)  C.  Edwards,  Farwell,  P.  Green, 
W.  B.  Green,  Harvey,  Hill,  Jones,  Logan,  McCully,  Manly,  Matheny, 
H.  D.  Palmer,  J.  M.  Palmer,  Pinckney,  Scates,  (on  committee)  Servant, 
Sharpe,  Sherman,  Singleton,  Thomas,  (on  committee)  Thompson,  Tur- 
ner, Vance,  Wead,  and  Worcester — 33. 
On  motion  of  Mr.  Archer, 

Further  proceedings  under  the  call  were  dispensed  with. 

32 


438  JOURNAL  .OF  THE  CONVENTION.       [Augusts:. 

Mr.  Culdwell  offered  for  adoption  the  following  sections: 

SECTION  1.  There  shall  be  levied  upon  all  the  taxable  property  of  thia 
state,  a  tax  of  three  mills  upon  every  dollar's  worth  of  such  property; 
which,  as  collected,  shall  be  faithfully  applied  to  the  payment  of  the  in- 
ternal improvement  debt  of  this  state. 

SEC.  2.  The  collectors  of  the  several  counties  of  this  state,  in  making 
collections  of  the  tax  provided  for  in  the  last  section,  shall  receive  in  pay- 
ment of  said  tax  the  indebtedness  of  this  state  incurred  on  account  of  the 
internal  improvement  system,  or  specie,  in  payment  of  said  tax,  on  an  as- 
sessment of  two  mills  upon  every  dollar's  worih  of  all  the  taxable  proper- 
ty in  this  state. 

SEC.  3.  The  general  assembly  shall,  by  law,  make  such  provisions  as 
will  enable  the  holders  of  such  indebtedness  to  deposite  the  same  with  the 
auditor  of  public  accounts,  and  receive  in  lieu  thereof  certificates,  in  suita 
ble  sums,  which  shall  be  receivable  in  payment  of  the  tax  provided  for  in 
the  first  section. 

On  motion  of  Mr.  D.   Davis, 

The  sections  were  laid  on  the  table,  and  250  copies  ordered  to  be  print 
ed  for  the  use  of  the  convention. 

Mr.  N.  W.  Edwards  offered  for  adoption  the  following  additional  sec 
tion: 

"  It  shall  be  the  duty  of  the  legislature  to  ascertain  upon  what  terms  i 
satisfactory  arrangement  can  be  made  with  our  creditors  for  the  pay  men 
of  the  state  debt,  and  if  any  agreement  can  be  entered  into  that  meet: 
with  the  approbation  of  the  general  assembly,  the  law  containing  the 
terms  of  such  compromise  shall  be  submitted  to  the  people,  and  if  apj 
proved  by  a  majority  for  and  against  the  same,  shall  be  irrepealuble,  am 
it  shall  be  the  duty  of  the  general  assembly  to  pass  all  laws  necessary  t< 
enforce  its  provisions,  and  continue  the  same  in  force  until  the  stipulation) 
on  the  part  of  the  state  shall  have  been  complied  with." 
On  motion  of  Mr.  D.  Davis, 

The  additional  section  was  laid  on  the  table,  and  250  copies  ordered 
to  be  printed  for  the  use  of  the  convention. 

The  convention  resumed  the  consideration  of  the  report  of  the  commil 
tee  on  Education. 

The  question  pending  when  the  convention  adjourned  on  yesterda1 
was  on  the  amendment  proposed  by  Mr.  J.  M.  Davis  lor  the  amendmei 
offered  by  Mr.  T.  Campbell  for  the  4th  and  5th  section  of  the  report. 

Mr.  Armstrong  moved  to  lay  the  amendment,  proposed  by  Mr.  J. 
Davis,  on  the  table. 

Mr.  J.  M.  Davis  withdrew  his  amendment. 

Mr.  Logan  proposed  the  same  amendment  withdrawn  by  Mr.  J.  M.  D'< 
vis 

Mr.  Pratt  moved  *o  lay  the  amendment  on  the  table. 

Mr.  J.  M,  Davis  moved  the  previous  question. 

Mr.  T.Campbell  modified  his  amendment  by  inserting  after  the  woi 
"governor,"  the  words  '*  by  and  with  the  advice  and  consent  of  the  sci 
ate/' 

The  question  was  taken,  by  yeas  and  nays,  on  laying  the  amendment 
offered  by  Mr.  Logan,  on  the  table, 


iugust  27.]      JOURNAL  OF  THE  CONVENTION. 


499 


(Yeas 
And  decided  in  the  negative,       <  ^      ' 


64 
79 


Those  voting  in  the  affirmative,  are, 


Mr.  Archer 
Armstrong 
Ballingall 
Bosbyshell 
J.  M.  Campbell 
T.  Campbell 
Carter 
Church 
Churchill 
Constable 
R.  J.  Cross 
Dement 
Dummer 
Dunlap 
C.  Edwards 
Farwell 
Graham 
H.  R.  Green 
Gregg 
Harding 
Harper 
Harvey 


Mr.  Hatch 
Hawley 
Heacock 
Henderson 
Hoes 
Hurlbut 
Huston 
Judd 

S  Kinney 
W.  C.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lasater 
Laughlin 
Lockwood 
McClure 
McHatton 
Mason 
Miller 


Mr.  Minshall 
Moffett 
Moore 
Peters 
Pirickney 
Pratt 
Servant 
Sibley 
J.  Smith 
Spencer 
Stadden 
Thompson 
Turnbull 
Turner 
Ttitt 
Wead 
Webber 
Williams 
Whitney| 
Worcester 
Mr.  President. 


Those  voting  in  the  negative,  are, 


VIr.  Adams 
Akin 
Anderson 
Atherton 
Blair 
Blakely 
Bond 

Brockman 
Bunsen  . 
Caldwell 
Canaday 
Z.  Casey 
Choate 
Crain 

S.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Deitz 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Evey 
Frick 


Mr.  Geddes 

Mr.  Morris 

P.  Green 

Nichols 

Grimsbaw 

.Northcott 

Harlan 

Oliver 

Hay 

Pace 

Hayes 

H.  D.  Palmer 

Hogue 

Rives 

Holmes 

Robbins 

Hunsaker 

Robinson 

Jackson 

Roman 

James 

Rountree 

Jenkins 

Scates 

Kenner 

Shields] 

Kitchell 
Kreider 

Shumway 
Sim 

Lander 

Simpson 

Lemon 

E.  O.  Smith 

Linley 

Swan 

Logan 

Thornton 

Loudon 

Trower 

McCallen 

Tuttle 

McCully 

Vance 

Markley 

Vernor 

F.  S.  D.  Marshall 

Witt 

T.  A.  Marshall 

VVhiteside 

Matheny 

Woodson. 

The  question  was  taken  on  ordering  the  previous  question,  and  decided 
D  the  affirmative. 


500 


JOURNAL  OF  THE  CONVENTION.        [August  27. 


The  question  was  taken,  by  yeas  and  nays,  on  agreeing  to  the  amend- 
ment proposed  by  Mr.  Logan"  to  the  amendment  offered  by  Mr  T.  Camp- 
bell, 


And  decided  in  the  affirmative, 


(Yeas, 
{Nays, 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 

Mr.  Grimshaw 

Akin 

Harlan 

Anderson 

Hay 

Atherton 

Hayes 

Blair 

Hogue 

Blakely 

Holmed 

Bond 

Hunsaker 

Bunsen 

Jackson 

Caldwell 

James 

Canady 

Jenkins 

y^adok  Casey 

Kenner 

Choate 

Kitchell 

Crain 

Knox 

S.  J.  Cross 

Kreider 

Dale 

Lander 

D.  Davis 

Lasater 

J.  M.  Davis 

Lemon 

T.  G.  C.  Davisr 

Linley 

Dawson 

Logan 

Deitz 

Loudon 

Dunn 

McCallen 

Dunsrnore 

McCully 

Eccles 

.       Markley 

N.  W.  Edwards 

F.  S.  D.  Marshall 

Evey 

T.  A.  Marshall 

Frick 
Geddes 

Matheny 
Mieure 

P.  Green          fc 

Those  voting  in 

the  negative,  are, 

Mr.  Archer 

Mr.  Harper 

Armstrong 

Harvey 

Ballingall 

Hatch 

Boshyshell 

Hawley 

Brockman 

Heacock 

Brown 

Henderson 

J.  M.  Campbell 

Hoes 

T.  Campbell 

Hurlbut 

Carter 

Huston 

Church 

Judd 

Churchill 

S.   Kinney 

Constable 

W.  C.  Kinney 

R.  J.  Cross 

A.  R    Knapp 

Dement 

N    M.  Knapp 

Dummer 

Know!  ton 

Dunlap 

Laugh  lin 

C.  Edwards 

Lock  wood 

Farwell 

McClure 

Graham 

McHatton 

H.  R.  Green 

Mason 

Grepg 

Miller 

Harding 

Mr.  Morris 
Nichols 
Norton 
Oliver 
Pace 

H.  D.  Palmer 
Rives 
Bobbins 
Robinson 
Roman 
Rountree 
Scates 
Shields 
Shumway 
Sim 

Simpson 
E.  O.  Smith 
J.  Smith 
Thornton 
Trower 
Tuttle 
Vance 
Vernor 
Williams 
Witt 

Whiteside 
Woodson. 


Mr.  Minshali 
MoffeU 
Moore 
Northcott 
Peters 
Piuckney 
Pratt 
Servant 
Sibley 
Spencer 
Stadden 
Swan 
Thompson 
Turnbull 
Turner 
Wead 
Webber 
West 
Whitney 
Worcester 
Mr.  President 


82 
63 


iugust  27.]        JOURNAL  OF  THE  CONVENTION. 


501 


Mr.  Pratt  called  for  a  division,  so  as  to  vote  first   on  striking  out  the 
ith  and  5th  sections. 

The  question  was  taken,  and  the  convention  refused  to  order  a  division. 
The  question   was  taken,  by  yeas  and  nays,  on  the  adoption  of  the 
irnendment,  as  amended, 

(Yeas,        ....        82 

63 


And  decided  in  the  affirma'ive, 


Those  voting  in  the  affirmative,  are, 


tfr.  Adams 

Mr.  Hay 

Mr.  Morris 

Akin 

Hayes 

Nichols 

Agderron 

Hogue 

Oliver 

Atherton 

Holtnes 

Pace 

Blair 

Hunsaker 

H.  D.  Palmer 

Blakely 

Jackson 

Rives 

Bond 

James 

Robbins 

Bunsen 

Jenkins 

Robinson 

CaldweU 

Kenner 

Roman 

Canady 

Kitchell 

Rountree 

Z    Casey 

A.  R.  Knapp 

Scales 

Choate 

Knox 

Shields 

Grain 

Kreider 

Shumway 

S.  J.  Cross 

Lander 

Sim 

Pale 

Lasater 

Simpson 

D.  Davis 

Lemon 

E.  O    Smith 

J.  M.  Davis 

Linley 

J,  Smith 

Dawson 

Logan 

Thornton 

Dunn 

London 

Trower 

Dunsmore 

McCailen 

Turnbull 

Eccles 

McCuIly 

Tuttle 

N    W.   Edwards 

McHatton 

Vance 

Evey 

Markley 

Vernor: 

Frick 

F.  S.  D.  Marshall 

Williams 

Geddes 

T.  A.  Marshall 

Witt 

P.  Green 

Matheny 

Whiteside 

Grimshaw 

Mieure 

Woodson. 

Harlan 

V 

Those  voting  in  the  negative,  are, 


[r.  Archer 
Armstrong 
Baliingall 
Bosbyshell 
Brockmaii 
Brown 

J.  M.  Campbell 
T.   Campbell 
Carter 
Church 
Churchill 
Constable 
R.  J.  Cross 
T.  G.  C.  Davis 
Deitz 
Dement 
Dummer 
Dunlap 
C.  Edwards 
Farwell 
Graham  • 
H.  R.  Green 


Mr.  Gregg 
Harding 
Harper 
Harvey 
Hatch 
Hawley 
Heacock 
Henderson 
Hoes 
Hurlbut 
Huston 
Judd 

S.  Kinp.ey 
W.  C.  Kinney 
N.  M.  Knapp 
Knowlton 
Laughlin 
Lockwood 
McClure 
Mason 
Miller 


Mr.  Minshall 
Moffett 
Moore 
Northcott 
Peters 
Pinckney 
Pratt 
Servant 
Sibley 
Spencer 
Stadden 
Swan 
'I  hompson 
Turner 
Tutt 
Wead 
Webber 
West 
Whitney 
Worcester 
Mr.  President. 


50-2 


JOURNAL  OF  THE  CONVENTION.       [August  27 


On  motion  of  Mr.  Armstrong, 

Ordered,  That  the  report  be  considered  by  sections. 

Mr.  Logan  moved  to  amend  the  report  by  adding  the  following  section 

"SE<[.  — .  All  money  hereafter  received  fiom  the  government  of  the  Uni 
ted  States,  on  account  or  for  the  benefit  of  the  school,  college  and  sem 
inary  fund,  or  cither  of  them,  be  appropriated  to  the  payment  of  the  bond 
of  this  state  held  by  the  government  of  the  United  States  in  trust  for  th< 
Smithsonian  Institute,  until  said  bonds  are  discharged,  and  the  amount  so 
paid  shall  be  added  to  the  school  fund,  and  interest  thereon  shall  b< 
promptly  paid." 

Mr.  Deitz  offered  the  following  as  a  substitute: 

-All  moneys  hereafter  received  from  the  government  of  the  Unitec 
States,  on  account  or  for  the  benefit  of  the  school,  college  and  seminarv 
fund,  or  cither  of  them,  shall  be  invested  in  the  outstanding  bonds  of  thi 
state,  at  their  market  value,  so  long  as  any  bonds  are  outstanding,  and  i 
shall  be  the  duty  of  the  general  assembly  to  make  provision  for  the  punc 
tual  payment  of  the  interest  on  ihe  bonds  so  purchased." 
On  motion  of  Mr.  Moffett, 

The  previous  question  v  as  ordered. 

Mr.  Dement  rnored  a  call  of  the  convention. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,    by  )eas  and  nays,  on  tlie  adoption   of  th 
substitute, 


And  decided  in  the  affirmative,  \^G  S' 

{JAiays, 

Those  voting  in  the  affirmative,  are, 


75 

70 


Mr.  Adams 
Atherton 
Blair 
Bond 
Brown 
Hunsen 
Canady 
Churph 
Churchill 
Constable 
R.  J.  Cross 
D.  Drvis 
Davvson 
Deitz 
Dunn 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 


Mr.  Grimshaw 
Harding 
Harlan 
Harper 
Havvley 
Hay 
Holmes 
Jackson 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 


Mr.  Moffett 
Northcott 
H.  D.  Palmer 
Pinckney 
Rives 
Robinson 
Scates 
Sibley 
Sim 

E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


lugust  27.]       JOURNAL  OF  THE  CONVENTION. 


503 


Those  voting  in  the  negative,  are, 


M.r.  Akin 

Anderson 
Armstrong 
Ballingali 
Blakely 


Brockman 

Caldwell 

J.  M.  Campbell 

T.  Campbell 

Carter 

Z.  Casey 

Choate 

Colby 

Crain 

S.  J.  Cross 

Dale 

J.  M.  Davis 

T.  G.  C.  Davis 

Dement 

Dummer 

Dunlap 

Farwell 

Gregg 


Mr.  Harvey 
Hatch 
Hayes 
Heacock 
Henderson 
Hoes 
Hogue 
Hunsaker 
Huston 
James 
Jenkins 
VV.  C.  Kinney 
Kitchell 
Knowlton 
Kreider 
Lasater 
Laugh  lin 
Linley 
AfcCully 
McClure 
McHatton 
Mark  ley 
Moore 


Mr.  Morris 
Nichols 
Norton 
Oliver 
Pace 
Peters 
Pratt 
Bobbins 
Roman 
Rountree 
Servant 
Shields 
Shumway 
Simpson 
J.  Smith 
Stadden 
Thompson 
Tutt 
Vernor 
Wead 
Webber 
Whiteside 
Mr.  President. 


UN  IVY 


The  question  was  taken,  by  yeas  and    nays,  on    the  adoption   of  the 
additional  section,  as  amended, 


And  decided  in  the  affirmative, 

' 


Nays, 


72 

69 


Those  voting  in  the  affirmative,  are, 


tfr.  Adams 
Blair 
Bond 
Brown 
Church 
Churchill 
Constable 
R.  J.   Cross 
D.  Davis 
Dawson 
Deity 
Dunn 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Graham 
GecUles 
H.  R.  Green 
P."  Green 
Grimshaw 
Harding 
Harlan 


Mr.  Harper 
Hawley 
Hay 

Heacock 
Holmes 
Jackson 
Judd 
Keriner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knox 
Lander 
Lemon 
Lockwood 
Logan 
Loudon 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Moffett 


Mr.  Northcott 
H.  D.  Palmer 
Pinckney 
Rives 
Robinson 
Scates 
Sibley 
Sim 

E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


504  JOURNAL  OF  THE  CONVENTION.        [August  27. 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Farwell  Mr.  Markley 

Armstrong  Gregg  Morris 

Atherton  Harvey  Nichols 

Ballingall  Hatch  Norton 

Blakely  Hayes  Oliver 

Bosbyshell  Henderson  Pace 

Brockman  Hoes  Peters 

Bunsen  Hogue  Pratt 

Caldwell  Hunsaker  Robbins 

J.  M.  Campbell  Huston  Roman 

T.  Campbell  James  Rountree 

Canady  Jenkins  Shields 

Carter  W.  C.  Kinney  Sh  urn  way 

Z.  Casey  Kitchell  Simpson 

Choate  Knowllon  J.  Smith 

Colby  Kreider  Stadden 

Grain  Lasater  Thompson 

S.  J.  Cross  Laughlin  Tutt 

Dale  Linley  Vernor 

J.  M.  Davis  McCallen  Wead 

T.  G.  C.  Davis  McCully  Webber 

Dement  McClure  Whiteside 

Dunlap  McHatton  Mr.  President. 

Mr.  Scates  moved  to  add  at  the  end  of  the  second  line  of  the  first  sec- 
.  tion,  the  words  "and  also  the  moneys  arising    from  the   sale  of  the  six- 
teenth section." 

On  motion  of  Mr.  Turnbull, 
The  amendment  was  laid  on  the  table. 

Mr.  J.  M.  Davis  moved  to  amend  the  report  by  adding  the  following  as 
an  additional  section: 

"SEC.  — .  The  interest  due  to  the  several  counties  of  this  state,  from  the 
school,  college  and  seminary  fund,  shall  be  paid  annually  to  the  proper 
officer  of  said  counties  in  gold  and  silver." 

On  motion  of  Mr.  Constable, 

The  question  was  taken,  bv  yeas  and  nays,  on  the  reconsideration  of  the 
vote  ordering  the  report  to  be  considered  by  sections, 


And  decided  in  the  affirmative,       iiv6*18' 

^  1M  ays,  ....     oi/ 

Those  voting  in  the  affirmative,  are, 

Mr.  Akin                                  Mr.  Grain  Mr.  Hay 

Armstrong                                  S.  J.  Cross  Hayes 

Atherton                                   Dale  Heacock 

Blair                                           J.  M.  Davis  Henderson 

Blakely                                      Dement  Hoes 

Brockman                                   Dummer  Hogue 

Brown                                        Dunlap  Huston 

Bunsen                                        Dunn  Jackson 

T.  Campbell                               C.  Edwards  James 

Carter                                         Farwell  Jenkins 

Z.  Casey                                   Frick  W.  C.  Kinney 

Choate                                        Gregg  Kitchell 

Colby                                           Harvey  Knowlton 

Constable                                   Hatch  Knox 


August  W.]        JOURNAL  OF  THE  CONVENTION. 


505 


Mr.  Kreider 
Lasater 
Laughlin 
Linley 
Lockwood 
McCallen 
McCully 
McClure 
McHatton 
Markley 


Mr.  Morris 
Nichols 
Norton 
Oliver 
Pace 
Peters 
Robbins 
Roman 
Rountree 
Shields 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Bond 

J.  M.  Campbell 
Canady 
Church 
Churchill 
R.  J.  Cross 
D.  Davis 
Dawson 
Deitz 
Eccles 

N.  W.  Edwards 
Evey 
Graham 
Geddes 
P.  Green 
Harding 
Harlan 
Harper 
Hawley 


Mr.  Judd 
Kenner 
S.  Kinnoy 
A.  R.  Knapp 
N.  M.  Knapp 
Lander 
Lemon 
Logan 
Loudon 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Moffett 
Moore 
Northcott 
H.  D.  Palmer 
Pinckney 


Mr.  Sh  urn  way 
Stadden 
Tutt 
Vernor 
Wead 
Webber 
West 
Williams 
Whiteside 
Mr.  President. 


Mr.  Rives 
Robinson 
Scates 
Servant 
Sibley 
Sim  " 

E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Witt 
Whitney 
Woodson 
Worcester. 


On  motion  of  Mr.  Constable, 

The  whole  subject  was  laid  on  the  table,  \  ATGaS'     * 

'  I  Nays,     . 

Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Archer 
Armstrong 
Atherton 
Blair 
Blakely 
Brockman 
Brown 
Bunseii 

J.  M.  Campbell 
T.  Campbell 
Carter 
Z.  Casey 
Choate 
Colby 
Constable 
Crain 
S.  J.  Cross 
Dale 

J.  M.  Davis 
Dement 
Dummer 
Dunlap 
Dunn 
C.  Edwards 


Mr.  Farwell 
Frick 
Gregg 
Grimshaw 
Harvey 
Hatch 
Hay 
Hayes 
Heacock 
Henderson 
Hoes 
Hogue 
Hunsaker 
Huston 
Jackson 
James 
Jenkins 
Kitchell 
Knowlton 
Knox 
Kreider 
Lasater 
Laughlin 
Linley 


Mr.  Lockwood 
McCallen 
Me  Cully 
McClure 
McHatton 
Markley 
Morris 
Norton 
Oliver 
Pace 
Peters 
Rives 
Robbins 
Roman 
Rountree 
Shields 
Shumway 
Stadden 
Tutt 
Vernor 
Wead 
Webber 
Williams 
Mr.  President. 


73 

58 


506  JOURNAL  OF  THE  CONVENTION.       [August  27. 

Those  voting  in  the  negative,  are, 

Mr.  Adams  Mr.  Judd  Mr.  Scales 

Bond  Kenner  Servant 

Bosbyshell  S    Kinney  Sibley 

Canatly  A.  R.  Knapp  Sim 

Church  N.  M.  Knapp  E.  0.  Smith 

Churchill  Lander  Spencer 

R.  J.  Cross  Lemon  Swon 

*    D.  Davis  Logan  Thomas 

-  Dawson  F.  S.  D.  Marshall  Thornton 

Deitz  T.  A.  Marshall  Trower 

Eccles  Mason  Turnbull 

N.  W.  Edwards  Matheny  Turner 

Evey  Mieure  Tuttle 

Graham  •  Moffett  West 

Geddes  Moore  Witt 

P.  Green  Northcott  W  hillside 

Harding  H.  D.  Palmer  Whitney 

Harlan  Pinckney  Woodson 

Harper  Robinson  Worcester. 
Hawley 

Mr.  Scales  moved  that  the  vacancy  occnsioned  in  the  committee  to 
prepare  a  schedule,  by  the  absence  of  Mr.  Manly  from  the  fourth  judicial 
circuit,  be  filled  by  the  president. 

Mr.  E.  O.  Smith  moved  that  the  convention  adjourn  until  3  o'clock. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Woodson  moved  that  the  convention  adjourn  until  2  o'clock. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Thomas  moved  to  adjourn  until  4  o'clock. 

The  question  was  taken  and  decided  in  the  .negative. 

The  question  was  taken  on  the  motion  made  by  Mr.  Scates,  and  de- 
cided in  the  affirmative. 

Ordered,  That  Mr.  Hayes  be  appointed  on  the  committee    to  prepare  a 
schedule,  in.  place  of  Mr.  Manly,  who  is  absent. 
On  motion, 

The  convention  adjourned  until  3  o'clock,  p.  M. 


THREE  O'CLOCK,    P.  M. 


Convention  assembled  pursuant  to  adjournment. 

Mr.  C.  Edwards,  from  the  committee  on  the  Revision  and  Adjustment 
of  the  Articles  of  the  Constitution,  which  was  instructed  by  resolution  to 
inquire  into  the  expediency  of  amending  article  7th  of  the  present  con- 
stitution, reported  the  following  as  an  additional  section: 

"SEC. — .  Whenever  two-thirds  of  all  the  members  elected  to  each 
branch  of  the  general  assembly  shall  think  it  necessary  to  alter  or  amend 
this  constitution,  they  shall  recommend  to  the  c'ectoisat  the  next  elec- 
tion of  members  to  the  general  assembly,  to  vote  for  or  against  a  conven- 
tion; and  if  it  shall  appear  that  a  majorhy  of  all  the  electors  of  the  state 
voting  for  representatives  have  voted  for  a  convention,  the  general  as. 


August  127.]         JOURNAL  OF  THE  CONVENTION.  507 

sembly  shall,  at  their  next  session,  call  a  convention,  to  consist  of  as  many 
members  as  the  house  of  representatives  at  the  time  of  making  said  call, 
to  be  chosen  in  the  same  manner,  at  the  same  place,  and  by  the  same 
electors,  in  the  same  districts  that  choose  the  said  general  assembly,  and 
which  convention  shall  meet  within  three  months  after  the  said  election, 
for  the  purpose  of  revising,  altering,  or  amending  this  constitution." 

Mr.  Kenner  offered  the  following  as  it  substitute  for  the  reported  sec- 
tion: 

ARTICLE  — . 

SECTION  1.  Any  amendment  or  amendments  to  this  constitution  may 
be  proposed  in  either  branch  of  (he  general  assembly,  and  if  the  same 
shall  be  agreed  to  by  two-thirds  of  all  the  members  elect  in  each  of  the 
two  houses,  such  proposed  amendrrient  or  amendments  shall  be  referred 
to  the  next  regular  session  of  the  general  assembly,  and  shall  be  published 
at  least  three  months  previous  to  the  lime  of  holding  the  next  election  for 
members  of  the  house  of  representatives,  and  if  (at  the  next  regular  ses- 
sion of  the  general  assembly  after  the  said  election.)  a  majority  of  all  the 
members  elect  in  each  branch  of  the  general  assembly  shall  agree  to  said 
amendment  er  amendments,  then  it  shall  be  their  duty  to  submit  the  same 
to  the  people  at  the  next  general  election  for  their  adoption  or  rejection,  in 
such  manner  as  may  be  prescribed  by  law,  and  if  a  majority  of  the  elec- 
tors voting  at  such  election  for  members  of  the  house  of  representatives 
lhati  vote  for  such  amendment  or  amendments,  the  same  shall  become  a 
part  of  the  constitution.  But  the  general  assembly  shall  not  have  power 
to  propose  an  amendment  or  amendments  to  more  than  one  article  of  the 
constitution  at  the  same  session. 

SEC.  '<£.  At  the  general  election  to  be  held  in  the  year  1846,  »nd 
every  twentieth  year  thereafter,  the  general  assembly  shall  provide  by 
law  tor  the  quest. of*,  to  be  voted  on,  to  wit:  ''Shall  there  be  a  convention 
called  to  alter,  revise  or  amend  the  constitution,"  and  if  a  majority  of  all 
the  electors  voting  for  members  of  the  house  of  representatives  shall  vote 
in  favor  of  the  call  of  a  convention  for  the  purposes  aforesaid,  the  genj 
eral  assembly,  at  its  next  regular  session,  shall  provide  by  law  for  the  elec- 
tion of  the  same  number  of  delegates,  to  be  chosen  at  the  same  places 
and  in  the  same  districts  which  compose  the  members  of  the  general 
assembly  railing  such  convention. 
On  motion  of  Mr.  Servant, 

The  rules  having  been  temporarily  suspended, 

The  committee  to  prepare  a  schedule  were  granted  leave  to  sit  during 
the  sittings  ol  the  convention. 

iY!r.  McCallcn  moved  to  lay  the  substitute  on  the  table. 

The  question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative,       <  v^- *' 


G3 
7i 


508 


JOURNAL  OF  THE  CONVENTION.       [August  27. 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 
Alien 
Anderson 
Archer 
Armstrong 
Ballingall 
Blair 

JBrockman 
Bunsen 
Caldwell 
J.  M.  Campbell 
T.  Campbell 
Canady 
Carter 
Z.  Casey 
S.  J.  Cross 
Dale 

J.  M.  Davis 
T.  G.  C.  Davis 
Dawson 
Dunlap 


Mr.  Dunn 

C.  Edwards 

Evey 

Geddes 

H.  R.  Green 

Grimshaw 

Hatch 

Hogue 

Holmes 

Jackson 

Judd 

S.  Kinney 

N.  M.  Knapp 

Knowlton 

Kreider 

Lasater 

Laughlin 

Letnon 

Linley 

McCailen 

McCully 


Those  voting  in  the  negative,  arc, 


Mr.  Adams 
AUierton 
Blakely 
Bond 
Brown 
Choate 
Church 
Churchill 
Cram 
D.  Davis 
Durnmer 
Dunsmore 
Eccles 

N.  W.  Edwards 
Frick 
Graham 
P.  Green 
Greg- 
Harding 
Harlan 
Harper 
Harvey 
Hawley 
Hay 


Mr.  Henderson 
Hoes 
Hunsaker 
Huston 
James 
Jenkins 
Jones 
Ke  nner 
Kitchell 
A.  R.  Knapp 
Knox 
Lander 
Lockwood 
Lo^an 
Loudon 
McClure 
T.   A.  Marshall 
Matheny 
Miller 
Minshall 
iMotfett 
Moore 
Nichols 
Northcott 


Mr.  McHatton 
Markley 

F.  S.  D.  Marshall 
Mieure 
Morris 
Oliver 
Pace 

H.  D.  Palmer 
Powers 
Pratt 
Robinson 
Roman 
Rouutree 
Shumwayjg 
Simpson 
J.  Smith 
Spencer 
Swan 
Trower 
Turner 
Webber. 


Mr.  Norton 
Peters 
Pinckney 
Rives 
Robbins 
Shields 
Sibley 

o» 

Sim 

Thomas 

Thompson 

Turnbull 

Tutt 

Tuttle 

Vance 

Vernor 

West 

Williams 

Witt 

Whiteside 

Whitney 

Woodson 

Worcester 

Mr.  President. 


Mr.  Kenner  withdrew  his  substitute,  and  offered  the  first  section 
"thereof,  as  an  addition  to  the  reported  section. 

The  question  was  taken  on  agreeing  to  the  addition  proposed  by  Mr. 
Kenner,  and  decided  in  the  affirmative. 

Mr.  Minshall  moved  to  amend  the  report  by  striking  out  the  words 
"said  general  assembly,"  and  inserting  in  lieu  thereof  the  words  "mem- 
bers of  the  house  of  representatives." 

The  question  was  taken,  and  the  amendment  agreed  to. 

Mr.  Rountree  moved  to  am  -nd  the  first  section  of  the  amended  report, 
by  striking  out  the  words  "house  of  representatives,"  and  inserting  in  lieu 
thereof,  the  words  "the  general  assembly." 


August  27.  J    JOURNAL  OF  THE  CONVENTION.  509 

The  question  was  taken,  and  the  amendment  rejected. 

The  question  was  taken  on  the  adoption  of  the  report,  as  amended,  and 
decided  in  the  affirmative. 
On  motion, 

The  article  was  referred  to  the  committee  on  Revision,  &c. 
On  motion  of  Mr.  C.  Edwards, 

The  use  of  the  hall  of  the  house  of  representatives  was  granted  to  the 
Illinois  Colonization  society  on  to-morrow  evening. 
On  motion  of  Mr.  Woodson, 

The  report  of  the  committee  on  Finance  was  taken  from  the  table  for 
consideration. 

The  question  pending  when  the  said  report  was  last  laid  on  the  table, 
was  on  the  amendment  offered  by  Mr.  C.  Edwards,  as  a  substitute  for  the 
reported  article. 

Mr.  Caldwell  offered  as  a  substitute  for  the  amendment,  the  proposi- 
tions submitted  by  him  this  morning  as  additional  sections. 

The  question  was  taken  and  the  substitute  for  the  amendment  rejected. 

Mr.  JN .  W.  Edwards  offered  as  a  substitute  lor  the  amendment  the  ad- 
ditional section  offered  by  him  this  morning. 

Mr,  C.  Edwards  withdrew  the  second  and  third  sections  of  his  amend- 
ment. 

Mr.  Logan  moved  to  lay  the  substitute  on  the  table. 

Mr.  Akin  moved  to  lay  the  whole  subject  on  the  table. 

Mr.  Logan  called  for  a  division,  so  as  to  vote  first  on  laying  the  substi- 
tute on  table. 

The  question  was  taken,  by  yeas  and  nays,  on  the  substitute  offered 
by  Mr.  N.  W.  Edwards, 

And  decided  in  the  affirmative,    j^eas'       '         ' 

(i\ays,       •         •         •         •  uO 

Those  voting  in  the  affirmative,  are, 

Mr.  Akin  Mr.  Dunlap  Mr.  8.  Kinney 

Anderson  Dunn  A.  K.  Knapp 

Archer  Dunsmore  Kreider 

Armstrong  Eccles  Lasater 

Atherton  .  C.  Edwards  Laugh lin 

Ballingall  Evey  Lemon 

Bosbyshell  Frick  Logan 

Brockman  Geddes  Loudon 

Brown  P.  Green  McCallen 

Bunsen  Gregg  McCully 

J.  M   Campbell  Grimshaw  McClure 

Carter  Harding  Markley 

Z.  Casey  Harper  F.  S.  D.  Marshall 

Choate  Harvey  Mason 

Churchill  Hatch  Matheny 

Colby  Hayes  Minshall 

Constable  Heacock  Moffett 

Cram  Henderson  Nichols 

S.  J.  Cross  Hill  Northcott 

Dale  Hoes  Norton 

J.  M.  Davis  Hogue  Oliver 

T.  G.  C.  Davis  Hurlbut  Pace 

Dumiuer  Jackson 


510  JOURNAL  OF  THE  CONVENTION.       [August  27. 

Mr   H   D    Palmer  Mr.  Simpson  Mr.  Tutt 

Pe'ters  E.  O.  Smith  Vance 

Piuckney  J-  Smith  Vernor 

Ulves  Stadden  Wead 

spates  Swan  Webber 

Servant  Thomas  Williams 

Sharpe  Turnbull  Whiteside 

Sibie  Turiier  Mr.  President. 


Those  voting  in  the  negative,  are, 

Mr  Bond  Mr.  ^uclcl  Mr.  Rountree 

• 


w  *u 

Davis  w-  c-  Kmney  Shumway 

Dawson  Kitchell  Sim 

N    W.  Edwards  N.  M.  Knapp  Spencer 

Graham  Knowlton  Thornton 

tfarlan  T.  A.  Marshall  Trower 

Hawley  Mieure  Tuttle 

Hay  Miller  West 

Hunsaker  Moore  Witt 

jluston  Kobbins  Woodson 

jaine3  Robinson  Worcester. 

Jenkins  Roman 

The  question  was  taken  on  laying  the  whole  subject  on  the  table,  and 
decided  in  the  negative. 

Mr.  Cnldweil  offered  the  following  as  a  substitute  for  the  amendment. 

ARTICLE  —  .  . 

SECTION  1.  There  shall  be  levied  upon  all  the  taxable  property  in  this 
state,  an  alternate  tax  of  two  mills  in  state  indebtedness  arid  of  one  mill 
in  specie,  on  every  dollar's  worth  of  such  property;  which  as  collected 
shall  be  faithfully  applied  to  the  payment  of  the  internal  improvement 
debt  of  this  state. 

SEC.  '^.  The  collectors  of  the  several  counties  of  this  state,  in  making 
collections  of  the  two  mill  tax  provided  for  in  the  last  section,  shall  re- 
ceive in  payment  of  said  tax,  the  indebtedness  of  this  state  incurred  on  ac- 
count of  the  internal  improvement  system,  or  specie  in  payment  of  said 
one  mill  tax,  and  the  payment  of  cither  of  said  assessmj  nts  shall  be  a 
discharge  from  the  other. 

SEC.  3.  The  general  assembly  shall  by  law  make  such  provision  as 
will  enable  the  holders  of  such  indebtedness  to  depo-ite  the  same  with 
the  auditor  of  public  accounts,  and  receive  in  lieu  thereof  certificates  in 
suitable  sums,  which  shall  be  receivable  in  payment  of  the  two  mill  tax 
above  provided  for;  Provided,  that  the  foregoing  sections  shall  be  submit- 
ted as  a  separate  article  to  the  people,  for  the  acceptance  or  rejection  of 
a  majority  of  them  voting  for  and  against  the  same. 
On  motion  of  Mr.  Constable, 

The  previous  question  was  ordered. 
On  motion  of  Mr.  Ballingall, 

The  last  vote  taken  was  reconsidered. 
On  motion, 

The  convention  adjourned. 


August'^.]        JOURNAL  OF  THE  CONVENTION.  511 

SATURDAY,  AUGUST  23,  1847. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  tbe  Rev.  Mr.  Barge r. 

The  journal  of  yesterday  was  reud  and  corrected. 

Mr.  Caldwell  withdrew  the  amendment  last  offered  by  him,  on  y 
day  evening. 

On  motion  of  Mr.  Thomas, 

The  rules  were  temporarily  suspended  to  enable  him  to  make  a  report, 
when  he,  from  the  committee  on  the  Revision  and  Adjustment  of  the  Ar- 
ticles of  the  constitution,  to  which  had  been  referred  articles  adopted,  re- 
ported the  same  back  to  the  convention  with  sundry  amendments,  accom- 
panied by  an  engrossed  copy  of  said  articles,  as  by  the  committee  propo- 
sed to  be  amended  ;  which  amendments  were  severally  read. 

And  the  question  being    taken  on  concurring  with  the  committee  in 
the  report,  it  was  decided  in  the  affirmative. 
On  motion  of  Mr.  'Armstrong, 

The  2'2d  section  of  article  V  was  amended  by  striking  out  the  words 
<l  clerks,  justices  of  the  peace." 

On  motion  of  Mr.  Thomas, 

The  preamble  was  amended  by  substituting  for  it  the  following: 

'•  We,  the  people  of  the  state  of  Illinois,  grateful  to  Almighty  God,  for 
the  civil,  political,  and  religious  liberty  which  He  has  so  long  permitted  us 
to  enjoy,  and  looking  to  Him  fora  blessing  upon  our  endeavors  to  secure 
and  transmit  the  same  unimpaired  to  succeeding  generations,  in  order  to 
form  a  more  perfect  government,  establish  justice,  insure  domestic  tran- 
quility,  provide  for  the  common  defence,  promote  the  general  welfare, 
and  secure  the  blessings  of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  constitution  for  the  state  of  Illinois/' 

The  question  was  taken,  and  the  preamble,  as  amended,  adopted. 
On  motion  of  Mr.  Thomas, 

Ordered,  That  the  articles  be  enrolled,  as  amended,  omittinig  the  num- 
bering of  articles  and  sections,  and  that  2f)0  of  the  copies  printed  for  dis- 
tribution be  returned  to  the  convention,  immediately,  for  its  use. 

The  convention  resumed  !he  consideration  of  the  report  of  the  com- 
mittee on  Finance,  with  the  amendment  pending  thereto,  submitted  by 
Mr.C.  Edwards. 

The  question  pending  when  the  convention  adjourned  on  yesterday^ 
was  on  the  motion  demanding  the  previous  question. 

Mr.  Constable  withdrew  the  motion. 

Mr.  Flur'bpt  moved  the  previous  question. 

Mr.  J.  M.  Campbell  moved  to  adjourn  until  3  o'clock,  p.  M. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Witt  moved  to  adjourn  until  2  o'clock,  P.  M. 

The  question  was  taken,  and  decided  in  the  negative. 

The  question  was  taken,  by  yeas  and  nays,  on  ordering  the  previous 
question, 


512 


JOURNAL  OF  THE  CONVENTION.      [August  28. 


And  decided  in  the  affirmative,    <  vrGab' 

(tfays, 

Those  voting  in  the  affirmative,  are, 


.    63 

,    58 


Mr.  Pinckney 
Rives 
Bobbins 
Robinson 
Roman 
Rountree 
Shields 
Sibley 
Sim 

E.  O.  Smith 
J.  Smith 
Swan 
Thornton 
Turnbull 
Turner 
Tutt 
Tuttle 
Vernor 
West- 
Williams 
Witt. 


Mr.  McClure 
Markley 
Mason 
Matheny 
Moore 
Morris 
Norton 
Pace 
Peters 
Scales 
Shumway 
Simpson 
Spencer 
Stadden 
Webber 
Whiteside 
Woodson 
Worcester 
Mr.  President. 


Mr.  Geddes  moved  that  ttio  convention  adjourn  until  3  o'clock. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Hogue  moved  that  the  convention  adjourn  until  2  o'clock,  r.  ar. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  Archer  moved  a  division  of  the  question. 

The  question  was  taken,  and  the  convention  refused  to  order  a  di- 
vision. 

The  question  was  taken,  by  yeaa  and  nays,  on  agreeing  to  the  sub- 
stitute ottered  aud  modified  by  Mr.  C.  Edwards, 


Mr.  Adarns 

Mr.  Harlan 

Akin 

Harper 

Anderson 

Haw  ley 

Blair 

Hill 

Bond 

Hunsaker 

Brown 

Hurlbut 

Z.  Casey 

Jackson 

Choate 

James 

Constable 

N.  M.  Knapp 

J.  M.  Davis 

Knowlton 

Dawson 

Knox 

Deitz 

Lemon 

Bummer 

Lockwood 

Dunn 

Logan 

Eccles 

F.  S.  D.  Marshall 

Fnck 

T.  A.  Marshall 

Graham 

Mieure 

Geddes 

Minshall 

P.  Green 

Moffett 

Grimshawr 

Northcott 

Harding 

H,  D.  Palmer 

Those  voting  in 

the  negative,  are, 

Mr.  Archer 

Mr.  Harvey 

Armstrong 

Hatch 

Ballingall 

Hayes 

Bosoyshell 

Heacock 

Brockman 

Henderson 

Bunsen 

Hoes 

J.  M.  Campbell 

Hogue 

Church 

Huston 

Churchill 

Jenkins 

Colby 

Judd 

Crain 

Kenner 

R.  J.  Cross 

S.  Kinney 

S.  J.  Cross 

Kitchell 

Dale 

A.  R.  Knapp 

Dement 

Kreider 

Dunlap 

Lasater 

C.  Edwards 

Laughlin 

N.  W.  Edwards 

McCallen 

Evey 

Me  Cully 

Gregg 

August  28.]       JOURNAL  OF  THE  CONVENTION. 

(Yeas. 
And  decided  in  the  affirmative,  IN*V* 

Those  voting  in  the  affirmative,  are, 


513 


96 
27 


Mr.  Adams 

Anderson 

Armstrong 

BallingaU 

Blair 

Bond 

Brown 

Bunsen 

2.  Casey 

Choate 

Church 

ChurchiK 

Constable 

K.  J.  Cioss 

Dale 

D.  Davis 

J.  M.  Davis 

T.  G.  C.  Davis 

Dawson 


Dummer 

Duniup 

Dunn 

Eccies 

C.  Edwards 

Evey 

Fuck 

G  ran  am 

Geddes 

P.  Green 

Gregg 

Griiushaw 


Mr.  Harding                             Mr. 

Matheny 

Haiian 

Mieure 

Harper 

Miushall 

Harvey 

Moffett 

Hatch 

Moore 

Hawley 

Northcott 

Hayes 

Norton 

Heacock 

H.  D.  Palmer 

Henderson 

Peteis 

Hill 
Hoes         ^sess:=s!*=sss**^ 

Pmckney 
Hives 

Robbins 

HllStOtt  •'              "     OF  THK 

Kouian 

Jackso*  UNIVERSITY 
Judd     \^  n 

Rountree 
Shields 

Keuner  ^^L^"  QA  i  icrkRlA^ 

Shumway 

S.  Kinney 

Sibley 

Kitcliell 

E.  O.  Smitfe 

A.  K.  Knapp 

J.  Smith 

N.  M.  Knapp 

Spencer 

Eno*vlton 

Sladden 

Knox 

Swan 

Laugh  1  IB 

ThorntoB 

LemoJi 

*)  urnbull 

Lockwood 

Turner 

Logan 

Tuttte 

McCallen 

Webber 

McCully 

West 

McClure 

Williams 

Markley 

Woodson 

F.  S.  D.  Marshall 

Worcester 

T.  A.  Marshall 

Mr.  President 

Those  voting  in  the  negative,  are, 


Mr,  Akin 
Archer 
Brockman 
J.  M.  Campbell 
Carter 
Craia 

8.  J.  Cross 
Dement 
N.  W.  Edwards 


Mr.  Hogue 
Hunsaker 
James 
Jenkins 
Kreider 
Lasater 
Me  Halt  on 
Mason 
Morris 


Mr.  Pace 

Robinson 

ficates 

Sim 

Simpson 

Tutf 

Vernor 

Witt 

Whiteside. 


The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  re- 
port, as  amended, 


And  decided  in  the  affirmative, 
33 


' 


97 
23 


514 


JOURNAL  OF  THE  CONVENTION. 


Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Armstrong 
Ballingali 
Bond 

Brockmafi 
Brow  a 
Bunsen 
Canaday 
Z.  Casey 
Choate 
Church 
Churchill 
Constable 
Dale 
D.  Davis 
J.  M.  Davis 
T.  G.  C.  Davis 
Daw  son 
Deitz 
Dumraer 
Dunlap 
Dunn 
Eccles 
C.  Edwards 
Evey 
Frick 
Graham 
Geddes 
P.  Green 
Grimshaw 
Harding 
Harlan 


Mr,  Harper 
Hatch 
Hayes 
Heacock 
Hendersoa 
Hill 

Hurlbut 
Huston 
Jackson 
Judd 
Kenner 
S.  Kinney 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Laughlin 
Lemon 
Lockwood 
Logan 
McCallea 
McCully 
McClure 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Matheny 
Mieure 
Minshall 
Moffett 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Archer 

J.  M.  Campbell 
Carter 
Crain 

S.  J.  Cross 
Dement 
N.  W.  Edwards 


Mr,  Hogue 
Hunsaker 
James 
Jenkins 
Lasater 
McHattoa 
Mason 
Morris 


Mr.  Moore 
Northcotf 
Norton 

Ho  D.  Palme? 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Roman 
Seates 
Shields 
Shumway 
Sibley 
Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Stadden 
Swan 
Thornton 
Turnbull 
Turner 
Tuttle 
Vance 
Webber 
West 
Williams 
Whiteside 
Woodson 
Worcester 
Mr.  President 


Mr.  Pace 
Robinson 
Rountree 
Sim 
Tutt 
Vernor 
Witt. 


On  motion, 

The  article,  as  adopted,  was  referred  to  the  committee  on  Revisioi 
&c. 

On  motion, 
The  convention  adjourned  until  3  o'clock,  P.  M-, 


THREE  O'CLOCK,  p.  M. 


The  convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Thomas, 
The  vote  on  the  adoption  of  a  resolution,  a  few  days  since  orderin 


August  ^.}.      JOURNAL  OF  THE  CONVENTION. 


515 


the  printing  of  50,000  copies  of  the  amended  constitution  for  distribu- 
tion, was  reconsidered. 

Mr.  Thomas  moved  the  printing  of  150  copies  for  each  member. 

Mr.  Armstrong  moved  200. 

The  question  was  taken  on  printing  200  copies  for  each  member,  and 
decided  in  the  affirmative. 

The  question  was  taken  on  the  adoption  of  the  resolution,  as  amended^ 
and  decided  in  the  affirmative. 

On  motion  of  Mr.  Kitcheli, 

Resolved,  That  the  number  of  copies  of  the  new  constitution  ordered 
to  be  printed  in  the  German  and  Norwegian  languages,  when  printed,  be 
equally  distributed'among  the  German  and  Norwegian  population  of  this 
state,  and  that  the  several  members  of  this  convention  report  to  the  respec- 
tive committees  appointed  to  procure  the  printing  of  the  constitution  in 
the  said  languages  the  number  of  such  German  or  Norwegian  population 
in  their  respective  counties. 

On  motion  of  Mr.  Dale, 

The  report  of  the  committee  on  Agriculture  &c.,  was  taken  from  the 
table  for  consideration. 

Mr.  Akin  moved  to  lay  the  report  on  the  table. 

The   question  was  taken,  by  yeas  and  nays, 


And  decided  in  the  negative, 
Those  voting  in  the  affirmative,  are, 


M 


14 
108 


Mr.  Akin 
Atherton 
Blair 
Brown 
Grimshaw 


Mr.  Hay 

Hayes 

Lemon 

Linley 

•  Nichols 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Anderson 
Archer 
Armstrong 
Ballingall 
Blakely 
Bond 

Bosbyshell 
Brocki-nan 
Bunse'n 

J.  M.  Campbell 
T.  Campbell 
Canady 
Carter 
Z.  Casey 
Choate 
Church 
Churchill 
Colby 
Grain 
R.  J.  Cross 


Mr.  S.  J.  Cross 
Dale 

J.  M.  Davis 
Dawson 
Deitz 
Dement 
Dummer 
Dunlap 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Evey 
Farwell 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.    Green 


Mr.  Oliver 
Sim 

J.  Smith 
Trower 


Mr.  Harper 
Harvey 
Hatch 
Hawley 
Henderson 
Hill 
Hogue 
Holmes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Kenner 
S.  Kinney 
Kitcheli 
N.  M.  Knapp 
Knowlton 
Knox 
Lander 


516  JOURNAL  OF  THE  CONVENTION.       [August  28, 

Mr.  Lasater  Mr.  Morris  Mr.  Stadden 

Lockwood  Pace  Swan 

Logan  H.  D.  Palmer  Thompson 

London  Peters  Thornton 

McCallen  Rives  Turnbull 

McCully  Robbins  Turner 

McCIure  Robinson  Vance 

McHatton  Rouutree  Wead 

Mark  ley  Scates  Webber 

F.  8.  D.  Marshall  Servant  West 

Mason  Shields  Witt 

Miller  Shumway  Whitney 

Minshall  Sibley    '  Woodson 

Moffett  E.  O.  Smith  Worcester 

Moore  Spencer  Mr.  President. 

The  question  was  taken  on  the  adoption  of  the  first  section,  and  deci- 
ded in  the  affirmative. 

Mr.  Shields  moved  to  amend  the  second  section  by  striking  out  "shall" 
and  inserting  "may,"  in  lieu  thereof. 

The  question  was  taken,  and  decided  in  the  negative. 

Mr.  J.  M.  Davis  moved  the  following  as  a  substitute  for  the  second 
section: 

14  That  any  county  in  this  state  that  can  be  so  divided  as  to  give  to  each 
county  400  square  miles  shall  have  power  so  to  do,  whenever  a  majority 
of  the  voters  of  the  whole  county  shall  vote  for  such  division." 

Mr.  Pratt  offered  the  following  as  a  substitute  for  the  substitute: 

"SEC.  — .  The  general  assembly  shall  provide  for,  and  there  shall  be 
annually  levied,  a  tax  of  not  less  than  two  mills  on  every  dollar's  worth 
of  personal  and  real  property  within  this  state,  to  be  ascertained  by  valu- 
ation ;  the  proceeds  of  which  shall  be  applied  to  the  payment  of  the  in- 
debtedness of  the  state;  Provided,  said  tax  shall  be  levied  no  longer  than 
is  necessary  to  discharge  the  principal  and  interest  due  and  to  become 
due  on  the  present  state  debt." 

The  foregoing  section  shall  be  submitted  as  an  alternate  proposition 
with  the  first  section  of  article  14,  and  the  one  having  a  majority  of  all 
the  votes  given  for  and  against  the  same,  shall  form  a  part  of  the  consti- 
tution. 

On  motion  of  Mr.  Pratt, 

The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nayg,  on  agreeing  to  the  substi 
tute  for  the  substitute, 

And  decided  in  the  negative, 
Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  Carter  Mr.  Geddes 

Anderson  Churchill  P.  Green 

Armstrong  Crain  Gregg 

Atherton  Dement  Hatch 

Ballineall  Dummer  Heacock 

Blakely  Dunlap  Henderson 

Brockmau  Dunsmore  Hill 


JOURNAL  OF  THE  CONVENTION. 


517 


Mr.  Hogue 
Huston 
James 
Judd 
Kitchel! 
A.  R.  Knapp 
Laugh  lin 
Logan 
McCully 
McClure 


Mr.  Markley 

T.  A.  Marshall 

Mason 

Pratt 

Robinson 

Roman 

Scates 

Shields 

Sh  urn  way 

Sibley 


Those  who  voted  in  the  negative,  are, 


Mr.  Akin 
Archer 
Blair 
Bond 

Bosbyshell 
Brown 
Bunsen 

J.  M.  Campbell 
T.  Campbell 
Canady 
Z.  Casey 
Choate 
Church 
Constable 
R.  J.  Cross 
S.  J.  Cross 
Dale 
D.  Davis 
J,  M.  Davis 
Dawson 
Deitz 
Dunn 
Eccles 
C.  Edwards 
N.  VV.  Edwards 
Evey 
Farwell 
Fnck 


Mr.  J.  Smith 
Stadden 
Tnompson 
Thornton 
Trower 
Vance 
Vernor 
Wead 
Whiteside 
Whitney. 


Mr.  Graham 

Mr.  Miller 

Griinshaw 

Minshall 

Harding 

Moore 

Harluii 

Morris 

Haiper 

Moilhcotl 

Hawley 

.Norton 

Hay 

Oliver 

Hayes 

Pace 

Holmes 

H.  D.  Palmer 

Hiiusaker 

Peters 

Hurlbut 

Rives 

Jackson 

Robbins 

Jenkins 

Rountree 

Kenner 

Servant 

S.  Kiriney 
N.  M.  Kuapp 

Sim 
Simpson 

Knowlton 

Spencer 

Kt.ox 

Turnbull 

Lander 

Turner 

Lasater 

Tutt 

Lemon 

Tuttle 

Lin  ley 

We.st 

London 

Williams 

McCaUen 

Witt 

McHatton 

Woodson 

F.  S.  D.  Marshall 

Worcester 

Mieure) 

Mr,  President. 

The  question  was  taken,  by  yeas  and  nays,  upon   agreeing  to  the  sub- 
stitute offered  by  Mr.  J.  M.  Davis, 


And  decided  in  the  negative, 


(Yeas, 
(Nays, 


56 
66 


Tkosc  voting  in  the  affirmative,  are, 


Mr.  Anderson 
Atherton 
BdUingall 
Blair 

Bosbyshell 
Brock  man 
Brown 

J.  M.  Campbell 
Can  ad  ay 
Carter 
Z.  Casey 


Mr.  Choate 
Churchill 
Constable 
Crain 
D.ile 
Dement 
C.  Edwards 
Graham 
P.  Green 
Harding 
Hogue 


Mr.  Hunsaker 
Huston 
James 
Jenkins 
Judd 
Kenner 
Kreider 
Lasater 
Laughlin 
McCallen 
Markley 


JOURNAL  OF  THE  CONVENTION.       [August  29 


Mr.  F.  S.  D.  Marshall 
Mason 
Miller 
Minshall 
Moffett 
Moore 
Oliver 
Pinckney 
Eountree 


Mr.  Scates 
Sibley 
Sim 

Sitnpson 
J.  Smith 
Swan 
Turnbull 
Tuttle 


Mr.  Vance 
Vernor 
Williams 
Witt 
Whitney 
Woodson 
Worcester 
Mr.  President, 


Those  voting  in  the  negative,  are. 


Mr.  Adams 
Akin 

Armstrong 
Bunsen 
T.  Campbell 
Church 
R.  J.  Cross 
S.  J.  Cross 
I).   Davis 
Dawson 
Dummer 
Dunlap 
Dunn 
Dunsmore 
Eccles 

N.  W.  Edwards 
Evey 
Frick 
Geddes 
H.  R.  Green 
Grimshaw 
Harlan 


Mr.  Harper 
Hatch 
Hawley 
Hay     ' 
Hayes 
Hill 

Hurlbut 
Jackson 
S.  Kinney 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Lemon 
Linley 
Lockwood 
Logan 
Loudon 
McCully 
McClure 
McHatton 


Mr.  T.  A.  Marshall 
Mieure 
Morris 
Northcott 
Norton 
Pace 

H.  D.  Palmer 
Peters 
Pratt 
Rives 
Robbins 
Robinson 
Servant 
Shields 
Spencer 
Stadden 
Thomas 
Thompson 
Thornton 
Trower 
Wead 
West. 


The  question  was  taken  on   the  adoption  of  the  3d  section,  and  deci 
ded  in  the  negative. 
On  motion, 

The  report,  as  amended,  was  referred  to  the  committee  on  Revision,  &c 

Mr.  Scales,  from  the  committee  on  the  Judiciary  Department,  to  which 
was  referred  the  petition  of  John  Smith  and  seventy-three  others,  praying 
the  abolition  of  capital  punishment,  reported  the  same  back  and  asked  to 
be  discharged  from  its  further  consideration. 

The  committee  were  so  discharged. 

Mr.  Scates,  from  the  select  committee  appointed  to  prepare  a  schedule, 
&c..  reported  the  following 

SCHEDULE: 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments 
made  in  the  constitution,  and  to  carry  the  same  into  complete  effect,  it  is 
hereby  ordained  and  declared: 

SECTION  1.  That  all  laws  of  this  state,  in  force  at  the  time  of  the  ad- 
option of  said  alterations  and  amendments,  and  not  inconsistent  therewith, 
and  all  rights,  actions,  prosecution?,  claims  and  contracts,  as  well  of  in- 
dividuals as  of  bodies  corporate,  shall  continue  as  if  said  alterations  and 
amendments  had  not  been  made. 


.],   JOURNAL  OF  THE  CONVENTION.        519 

SEC.  2.  Th.it  all  officers  now  filling  any  office  or  appointment  shall 
ontinue  in  the  exercise  of  the  duties  of  their  respective  offices  or  appoint- 
ments until  otherwise  provided  by  the  general  assembly,  except  those 
officers  whose  elections  are  provided  in  this  constitution,  who  shall  enter 
upon  the  duties  of  their  respective  offices  immediately  after  their  ekc- 
:ion  and  qualification. 

SEC.  3.    That  all  fines,  penalties,  and  forfeitures,  due  and  owing  to  the 
state  of  Illinois,  under  the  present  constitution  and  laws,  shall  enure  to  the —  _ 
use  of  the  people  of  the  state  of  Illinois,  under  this  constitution. 

SEC.  4.    That  all  recognizances  heretofore    taken,  or   which  may  be 
aken    before  the   organization  of  the   judicial    department    under  this 
constitution,  shall  remain  valid  and  shall  pass  over  to,    and  may  be  pros- 
ecuted in  the  name  of  the  people  of  the  state  of  Illinois.     And  all  bonds 
xecuted  to  the  governor,  or  to  any  other  officer  or  officers,  in  his  or  their 
official  character,  under  the  present  constitution  and  laws,  shall  pass  over 
.o  the  people  of  the  state  of  Illinois,  under  this  constitution,  for  the  uses 
;herein  respectively  expressed,  and  may  be  sued    for  by  the  proper  offi- 
cer or  officers   having  the  custody  thereof,  in  the  name  of  the  people  of 
he  state  of  Illinois,  or  in    the  name  or  names   of  the  obligee  or  obligees 
therein.     All  criminal  prosecutions  and  penal  actions  which  have  arisen  or 
may  arise,  before  the  organization  of  the   judicial  department,  under  this 
constitution,  and  which  shall  be  depending  at  the    time  of  said  organiza- 
ion,  may  be  prosecuted  to  judgment  and  execution  in  the   name   of  the 
people  of  the  state  of  Illinois,  or  in  the  name  ot  the  plaintiffs  therein. 

SEC.  5.  That  ;:Article  II,"  entitled  "Commons,"  be,  and  the  same  it 
icreby,  adopted,  and  the  same  shall  not  be  submitted  to  be  voted  on  as 
he  polls,  but  the  same  shall  be  and  form  a  part  of  the  constitution  of  this 
state. 

SEC.  6.  That  at  the  first  election  fixed  by  this  constitution  for  the  elec- 
tion of  judges,  there  shall  be  elected  one  judge  in  each  of  the  nine  judi- 
cial circuits,  now  established  in  this  state. 

SF.O.  7.  That  at  the  same  time  fixed  by  this  constitution  for  the  elec- 
tion of  ciicuit  judges,  there  shall  be  elected  in  each  county,  one  county 
ud^e,  and  one  county  clerk,  returns  whereof  shall  be  made  and  canvassed 
as  is  now  provided  by  law  in  case  of  the  election  of  cierk  of  the  county 
commissioners'  court;  and  an  abstract  of  the  votes  for  county  judge  shall 
be  forwarded  to  the  secretary  of  state. 

SEC.  8.  That  the  clerk  of  the  circuit  court  in  each  county  fixed  by  this 
constitution  as  the  plac*j  for  holding  the  supreme  court,  shall  be  ex  ojficio 
lerk  of  the  supreme  court,  until  the  clerks  of  said  court  shall  be  elected 
and  qualified  as  provided  in  this  constitution;  and  all  laws  now  in  force, 
in  relation  to  clerk  of  the  supreme  court  shall  be  applicable  to  Faid  clerks 
and  their  duties. 

SEC.  9.  That  the  sheriffs,  state's  attorneys,  and  all  other  officers  elected 
under  this  constitution,  shall  perform  such  duties  as  shall  be  prescribed  by 
law. 

SEC.  10.  That  the  oaths  of  office,  herein  required  to  be  taken,  may  be 
administered  by  a  justice  of  the  peace,  until  otherwise  provided  by  law. 

SEC.  11.  That  on  the  first  Monday  and  Tuesday  of  March,  1848,  this 
constitution  shall  be  submitted,  for  ratification  or  rejection,  to  the  quali 

« 


520 


JOURNAL  OF  THE  CONVENTION.     [August 


fied  electors  of  this  state,  and  every  such  elector  may  vote  any  where  in 
the  state.  And  ail  the  provisions  of  the  lav/  in  relation  to  voting  more 
than  once,  or  betting  upon  elections,  shall  be  applicable  aid  in  full  force, 
in  relation  to  voting  for  and  against  the  constitution. 

SEC.  1*2.  That  the  constitution  shall  be  divided  into  parts  as  follows* 
to  wit: 

Sectfon  first  of  article  sixth  shall  form  the  first  part. 

Article  fourteenth  shall  form  the  second  part. 

Section  sixteen  to  twenty,  inclusive,  ot  article  fifth,  shall  form  the  third 
part. 

Article  fifteenth  shall  form  the  fourth  part. 

The  remainder  of  the  constitution  shall  form  the  fifth  part. 

SEC.  13.  That  a  poll-book  shall  be  opened  at  every  place  of  holding 
elections  for  members  of  the  general  assembly?  with  columns  and  cap- 
tions  in  the  following  form,  viz: 


*C 

£% 

<g 

, 

fcJD 

°*  rt 

2 

tf 

_^ 

^>  >» 

o 

0 

jf 

2 

>*i    C 

1 

6C 

-2 

49 

**     CO 

£      Cf> 

c    ^ 

NAMES  OF  VOTERS. 

I! 

-2 

^«1 

HS 

If 

o  o 

is 

^12 

f* 

•s 

c 
o 

*« 

•2^1 

r2 

0 

c 

o 
1 

-c 

OQ 

1 

Yes. 

No. 

Yes. 

No. 

Yes. 

No. 

Yes. 

No. 

Yes. 

No. 

And  the  several  articles  and  sections  which  shall  receive  a  majority  ol 
all  the  votes  given  for  and  against  said  sections  and  articles  severally  as 
herein  provided,  at  said  election,  shall  be  in  fall  force  from  the  day  of 
said  election,  and  the  several  sections  and  articles,  which  shall  not  receive 
a  majority  of  all  the  votes  so  given,  shall  be  of  no  force  or  effect. 

SEC.  14.  That  the  first  general  election  of  governor,  sccietary  of  state, 
auditor,  treasurer  anfl  members  of  the  general  assembly,  and  of  such 
other  officers  as  are  to  be  elected  at  the  same  time,  shall  be  held  on  the 
first  Monday  of  "August,  1S48,  anything  in  this  constitution  to  the  con- 
trary notwithstanding. 

SEC.  15.  That  the  returns  shall  be  made  of  the  votes  given  in  pursu- 
ance of  the  llth,  1 '2th, and  13th  sections  of  this  schedule,  and  canvassc 
in  the  same  manner  as  is  provided  in  cases  of  elections  for  representatives 
in  congress;  and  should  it  appear  that  a  majority  of  all  the  votes  given  at 


August  28.]        JOURNAL  OF  THE  CONVENTION.  521 

said  election  are  in  favor  of  the  articles  and  sections  of  article?,  inclu- 
ded in  any  of  the  parts  of  the  specifications  hereinbefore  made,  then  the 
governor  shall  issue  his  proclamation  of  that  fact.  And  it  shall  therefore 
be  die  duly  of  the  governor,  if  made  necessary  by  the  adoption  of  any 
portion  of  the  amended  constitution,  to  issue  writs  of  election  to  the 
sheriff  of  each  county,  or  in  case  of  a  vacancy,  to  the  coroner,  to  hold  an 
election  pursuant  to  the  provisions  of  the  amended  constitution  and  this 
schedule,  for  the  election  of  the  several  officers  whose  elections  are  pro- 
vided in  the  same. 

SEC.  16.  That  in  cases  of  the  election  of  the  supreme,  and  judges  of 
the  circuit  courts,  secretary  of  state,  auditor,  and  treasurer,  returns  shall 
be  made  and  canvassed,  as  is  now  provided  by  law  for  representatives  in 
congress.  For  members  of  the  general  assembly  and  county  officers  re- 
turns shall  be  made  and  canvassed  as  is  now  provided  by  law. 

SEC.  17.  That  ail  laws  of  the  state  of  Illinois,  and  all  official  writings, 
and  the  executive,  legislative,  arid  judicial  proceedings  shall  be  conduc- 
ted, preserved  and  published  in  no  other  than  the  English  language. 

SEC.  18.  That  the  general  assembly  shall  pass  all  laws  necessary  to 
carry  into  effect  the  provisions  of  this  constitution. 

SEC.  19.  That  the  clauses,  sections,  and  articles  of  the  present  consti- 
tution, and  none  other,  which  have  been  amended,  if,  by  the  rejection  of 
said  amendments  they  remain  unaltered,  shall  continue  to  be  and  form  a 
part  of  the  constitution  of  this  state. 

Mr.  Scales  offered  the  following  as  an  additional  section: 

SEC.  20.  That  all  the  actions,  indictments,  and  proceedings,  together 
with  all  the  records  and  files  of  office,  pending  and  being  in  the  supreme, 
circuit,  piobate,  and  county  courts,  shall,  if  the  constitution  be  adopted, 
be  transferred  to  the  supreme,  circuit,  probate,  and  county  courts,  estab- 
lished by  this  constitution,  and  said  courts,  respectively,  shall  have  author- 
ity to  proceed  uith^and  complete  all  such  proceedings,  in  the  same  manner 
as  it  such  proceedings  had  originally  been  commenced  in  said  courts. 

Mr.  Thornton,  from  the  minority  of  the  same  committee,  submitted  the 
following: 

SEC.  *— .  That  the  constitution,  as  amended,  shall  be  submitted  to  the 
people  for  their  adoption  or  rejection,  at  an  election  to  be  held  on  the  first 
Monday  in  March,  A.  1).  1848;  and  there  shall  also  be  submitted  for  adop- 
tion or  rejection  at  the  same  time  the  separate  section  in  relation  to  the 
immigratioiKof  colored  persons,  and  the  article  in  relation  to  the  public 
debt. 

SEC.  — .  That  every  person  entitled  to  vote  for  members  of  the  general 
assembly  by  the  constitution  and  laws  now  in  force,  shall,  on  the  first 
Monday  in  March,  A.  D.,  1848,  be  entitled  to  vote  for  the  adoption  or  re- 
jection of  the  constitution,  as  amended,  and  for  and  against  the  aforesaid 
section  and  article  separately  submitted;  and  the  said  qualified  electors 
shall  vote  in  the  counties  in  which  they  respectively  reside,  at  the  usual 
places  of  voting,  and  not  elsewhere;  and  the  said  election  shall  be  conduc- 
ted according  to  the  laws  now  in  force,  in  relation  to  the  election  of  gov- 
ernor, so  far  as  applicable,  except  as  is  herein  otherwise  provided. 

SEC.  — .  That  the  form  of  the  poll-books  to  be  used  at  said  election, 
shall,  as  nearly  as  practicable,  be  in  the  following  form,  to  wit: 


52-2 


JOURNAL  OF  THE  CONVENTION.        [August  28. 


POLL-BOOK  of  an  election  held  at 


the  county  of 
1818,  for  the  adoption  or  rejection 


on  the  first  Monday  in  March,  A.  D. 

of  the  Constitution,  as  amended \  and  the  separate  section  and  article  sub- 
mitted. 


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SEC.  That  the  returns  of  the  votes  for  the  adoption  or  rejection  of  the 
constitution,  as  amended,  and  for  and  against  the  separate  section  and  ar- 
ticle submitted,  shall  be  made  to  the  secretary  of  state,  within  fifty  days 
after  the  election;  and  the  returns  of  the  votes  shall,  within  fifty  days 
after  the  election,  or  sooner,  if  received,  be  examined  and  canvassed  by 
the  auditor  and  treasurer,  in  the  presence  of  the  governor,  and  proclama- 
tion shall  be  made  by  the  governor,  forthwith,  of  the  result  of  the  poll?. 
If  it  shall  appear  that  a  majority  of  ail  the  votes  polled  are  for  the  adop- 
tion of  said  constitution,  as  amended,  it  shall  be  the  supreme  law  of  the 
land;  butif  it  shall  appear  that  a  mnjority  of  the  votes  polled  were  given 
against  said  constitution,  as  amended,  the  same  shall  be  null  and  void.  If 
it  shall  further  appear  that  a  majority  of  the  votes  polled  shall  have  been 
given  for  the  separate  section  in  relation  to  colored  persons,  or  the  arti- 
cle for  the  two  mill  tax,  then  said  section  or  article  shall  be  and  form  a 
part  of  the  constitution,  as  amended,  otherwise  said  section  or  article  shall 
be  null  and  void. 

SEC.  — .  That  if  said  constitution,  as  amended,  sh'rill  be  ratified  by  the 
people,  the  governor  bhall,  forthwith,  after  having  ascertained  the  fact, 
issue  writs  of  election  to  the  sheriffs  of  the  several  counties  in  this  state, 
or  in  case  of  vacancy,  to  the  coroners,  for  the  election  of  all  the  officers, 
the  time  of  whose  election  is  fixed  by  said  eonstituti3n,  or  by  this  sched- 
ule; and  it  shall  be  the  duty  of  said  sheriffs,  or  coroners,  to  give  at  least 
twenty  days  notice  of  (he  time  and  place  of  said  election,  in  the  manner 
now  provided  by  law. 

A.  THORNTON, 
II.  B.  SERVANT, 
V.  W.  DEiTZ, 


August  28.]        JOURNAL  OF  THE  CONVENTION.  523 

Mr.  Peters  moved  that  the  two  reports  be  laid  on  the  table,  and  that 
two  hundred  and  fifty  copies  thereof  be  printed;  which  motion  was  rejec- 
ted. 

On  motion, 

The  report  was  considered  by  sections. 

{Section  first  was  adopted. 

The  second  section  being  read, 

On  motion  of  Mr.  N.  W.  Edwards, 

It  was  amended  by  adding  "and  all  debts  contracted  and  engagements 
entered  into  before  the  adoption  of  this  constitution  shall  be  as  valid 
against  the  state  under  this  constitution  as  under  the  old/' 

And  then,  as  amended,  adopted. 

Section  third  was  adopted. 

On  motion  of  Mr.  Thomas, 

The  fourth  section  was  amended  by  inserting  after  the  word  "charac- 
ter," the  words  "or  to  the  people  of  the  state  of  Illinois." 

And  then,  as  amended,  was  adopted. 

Sections  five  and  six  were  severally  read  and  adopled. 
On  motion  of  Mr.  Logan, 

The  seventh  section  was  amended  by  striking  it  out  and  substituting 
for  it  the  following: 

"The  county  commissioners'  courts,  and  the  probate  justices  of  the  sev- 
eral counties  shall  continue  in  existence,  and  exercise  their  present  juris- 
diction, until  the  county  court,  provided  in  this  constitution,  is  organized 
in  pursuance  of  an  act  of  the  general  assembly,  to  be  passed  at  its  first 
session." 

And,  as  amended,  the  section  was  adopted. 

Sections  8,  9,  and  10  were  severally  read  and  adopted. 

Mr.  Peters  moved  that  the  words  "by  ballot"  be  inserted  in  section 
eleventh,  between  4he  words  "vote"  and  "anywhere;"  which  motion 
was  rejected. 

Mr.  Thornton  moved  that  the  section  be  stricken  out,  and  the  five  sec- 
tions, submitted  by  him  from  the  minority  of  the  committee  on  the  sched- 
ule, inserted  instead  of  it. 

On  motion  of  Mr.  Turnbull, 

The  previous  question  was  ordered  to  be  put. 

Mr.  Hayes  moved  for  such  a  division  as  would  enable  the  convention  to 
vote  first  on  striking  out  the  section;  which  motion  was  rejected. 

The  question  was  taken,  by  yeas  and  nays,  upon  the  amendment  pro- 
posed by  Mr.  Thornton, 


And  decided  in  the  affirmative,  '         '         '         *         ' 

^iMays,         •         .         •         •          01 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams                                 Mr.  Choate  Mr.  Dawson 

Allen                                           Church  Deitz 

Anderson                                     Constable  Dummer 

Blair                                           K.  J.  Cross  Dunn 

Bond                                           D.  Davis  Dunsinore 

Canady                                      J.  M.  Davis  Eccles 


52  i 


JOURNAL  OF  THE  CONVENTION.        [August 


Mr.  C.  Edwards 

Mr.  Lander 

N.  W.Edwards 

Lemon 

Frick 

Lockwood 

Graham 

Logan 

Geddes 

Loudon 

H.  R.  Green 

McCallen 

P.  Green 

F.  S.  D.  Marshall 

Grimshaw 

T.  A.  Marshall 

Harding 

Mason 

Harlan 

Mieure 

Harper 

Miller 

Hay 

Minsha'.i 

Holmes 

MoffeU 

Hurl  but 

Northcott 

Jackson 

Norton 

Jones 

H.  D.  Palmer 

Judd 

Peters 

Kenner 

Pinckney 

S.  Kinney 

Pratt 

A.  K.  Knapp 

Rives 

N.  M.  Knapp 

Robbins 

Knowlton 

Robinson 

Knox 

Those  voting  in 

the  negative,  are, 

Air.  Akin 

Mr.  Dunlap 

Archer 

Evey 

Armstrong 

Farwell 

Atherton 

Gregg 

Ballingall 
Blakely 
Bosbyshell 

Haw  ley 
Hayes 
Heacock 

Brockman 

Henderson 

Brown 

Hill 

Bunsen 

Hoes 

J.  M.  Campbell 
T.  Campbell 

Hogue 
Hunsaker 

Carter 

Huston 

Zadok  Casey 

James 

Churchill 

Jenkins 

Colby 

W.   C.  Kinney- 

Grain 

Kitchell 

S.  J.  Cross 

Kreider 

Dale 

Lasater 

T.  G.  C.  Davis 

Dement 

Laughlin 

Mr.  Roman 
Servant 
Shields 
Sim 

Simpson 
E.  O.  Smith 
J.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


Mr.  Linley 
McCully 
McCiura 

McHatton 

Markley 

Moore 

Morris 

Oliver 

Pace 

Rountree 

Scates 

Shumwaj* 

Stadden 

Thompson 

Tutt 

Vernor 

Wead 

Webber 

Whiteside 

Mr.  President. 


The  question  was  taken,  by  yeas  and    nays,  on    the  adoption    of  the 
section,  as  amended, 


And  decided  in  the  affirmative,    )]\Tavs' 
Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Archer 
Bond 
Canady 
Choate 


Mr.  Church 
Constable 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
Dawson 


Mr.  Deitz 
Dumrner 
Dunn 
Dunsmore 
Eccles 
C.  Edwards 


83 

58 


August  28.]       JOURNAL  OF  THE  CONVENTION. 


525 


Mr.  N.  W.   Edwards 
Frick 
Graham 
Gedces 
H.  R.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hay 

Heacock 
Holmes 
Hurlbut 
Jackson 
Jones 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 


Mr.  Lander 
Lemon 
Lockwood 
Logan 
Luudon 
McCailen 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mieure 
Miller 
Minshall 
Motfett 
Moore 
Northcott 
Noiton 

H.  D.  Palmer 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 


Mr.  Robinson 
Roman 
Servant 
Shields 
Sibley 

E.  O.  Smith 
Spencer 
Swan 
Thomas 
Thornton 
Trower 
Turnbull 
Turner 
Tuttle 
Vance 
West 
Williams 
Witt 
Whitney 
Woodson 
Worcester. 


Hiose  voting  in  the  negative,  are, 


Mr.  Akin 

Armstrong 

Alherton 

Ballingall 

Blakely 

Bosbyshell 

Brockman 

Brown 

Bunsen 

J.  M.  Campbell 

T.  Campbell 

Carter 

Z    Casey 

Churchill 

Colby 

Grain 

S.  J   Cross 

Dale 

Dunlap 

Evey 


Mr.  Farwell 
P.  Green 


Hatcl 

Hawley 

Hayes 

Henderson 

Hill 

Hogue 

Hunsaker 

Huston 

James 

Jenkins 

W.  C.  Kinney 

Kitchell 

Kreider 

Lasater 

Laughlin 

Linley 


Mr.  McCully 

McClure 

McHatton 

Markley 

Morris 

Oliver 

Pace 

Rountrec 

Scates 

Shumway 

J.  Smith 

Stadden 

Thompson 

Tutt 

Vernor 

Wead 

Webber 

Whiteside 

Mr.  President 


On  motion  of  Mr.  Woodson, 

The  twelfth  section  was  amended  by  striking  it  out  and  inserting  in  lieu 
•f  it  the  follow  ing: 

"The  general  assembly  shall,  at  its  first  session  after  the  adoption  of 
this  constitution,  provide  by  law  for  the  mode  of  voting  by  ballot,  and  also 
for  the  manner  of  voting,  canvassing,  and  certifying  the  number  of  votes 
cast  at  any  election,  and  until  said  law  shall  be  passed,  all  elections  shall 
be  viva  voce,  and  the  laws  now  in  force  in  relation  to  elections  shall  con- 
tinue in  force  until  the  general  assembly  shall  provide  otherwise  as  here- 
in directed." 

The  section,  as  amended,  was  adopted. 

Mr.  Dement  moved  that  the  convention  adjourn. 

The  question  was  put,  and  decided  in  the  negative. 


5426  JOURNAL  OF  THE  CONVENTION.      [August  30. 

On  motion  of  Mr.  N.  W.  Edwards, 

The  thirteenth  section  was  laid  on  the  table. 

Mr.  Bosbyshcll  moved  that  the  convention  adjourn. 

The  question  was  put,  and  decided  in  the  negative. 

Mr.  Dement  moved  that  the  report  be  referred  to  the  committee  on 
Revision,  &c. 

The  question  was  put,  and  decided  in  the  negative. 

Mr.  Logan  moved  that  the  fourteenth  section  be  amended,  by  striking 
out  the  words  "first  Monday  of  August,"  and  by  inserting  in  lieu  of  them 
the  words  "Tuesday  next  after  the  first  Monday  of  November." 

Mr.  Shumway  moved  for  a  division,    to  enable  the  convention  first  to 
vote  on  the  question  of  striking  out. 
On  motion, 

The  convention  adjourned  until  Monday. 


MONDAY,  AUGUST  30,  1S47. 


The  convention  assembled  pursuant  to  adjournment. 

Prayer  by  the  Rev.  Mr.  Barger. 

The  question  pending  at  the  last  adjournment  was  upon  ordering  a  di- 
vision, moved  by  Mr,  Shumway,  arising  upon  the  motion  of  Mr.  Logan 
to  amend  the  14th  section  of  the  report  of  the  committee  on  the  schedule, 
by  striking  out  the  words  "first  Monday  in  August,"  and  inserting  in  lieu 
of  them  the  words  "Tuesday  next  after  the  first  Monday  in  November." 

Mr.  Hayes  moved  the  previous  question. 

Mr.  Logan  moved  a  call  of  the  convention;  which  was  negatived, 

Ordered,  That  the  main  question  be  put. 

The  question  was  taken  upon  the  motion  of  Mr.  Shumway,  proposing 
the  division,  and  decided  in  the  negative. 

The  question  was  then  put,  by  yeas  and  nays,  upon  the  motion  of  Mr. 
Logan  to  amend  the  14th  section,  by  striking  out  and  inserting  as  above. 

And  decided  in  the  negative, 

Those  voting  in  the  affirmative,  are, 

Mr.  Adams  Mr.  C.  Edwards  Mr.  Jones 

Bond  N.  W.  Edwards  Judd 

Canady  Eccles  A.  R.  Knapp 

Constable  Graham  N.  M.  Knapp 

R.  J.  Cross  Geddes  Kenner 

Church  H.  R.  Green  S.  Kinney 

D.  Davis  Grimshaw  Knowlton 

J.  M.  Davis  Harding  Knox 

Dawson  Harlan  Lemon 

Deitz  Harper  Lockwood 

Dummer  Hurlbut  Logan 

Dunstnore  Jackson  Loudon 


August  30.]         JOURNAL  OF  THE  CONVENTION. 


52? 


Mr.  McCallen 

F.  S.  D.  Marshall 

T.  A.  Marshall 

Mason 

Mieure 

Miller 

Mmshall 

Nortbeott 

Norton 

H.  D.  Palmer 


Mr.  Rives 
Robbins 
Swan 
Shields 
Spencer 
Servant 
Sibley 
Sim 

E.  O.  Smith 
Thomas 


Mr.  ThorntoD 
Trower 
Turnbull 
Turner 
Tattle 
Vance 
West 
Williams 
Whitney 
Woodson, 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Anderson 

Archer 

Armstrong 

Atherton 

Blair 

Blakely 

Ballingall 

Brockman 

Bosbyshell 

Brown 

Bunsen 

Grain 

J.  M.  Campbell 

T.   Campbell 

Carter 

Z.  Casey 

Choate 

Colby 

S.  J.  Cross 

Churchill 

Dale 

T.  G.  C.  Davis 

Dement 

Dunlap 

Dunn 


Mr.  Edmonson 
Evey 
Farwell 
.  Frick 
P.  Green 
Gregg 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
Huston 
James 
Jenkins 
Kreider 
W.  C.  Kinney 
Kitchell 
Lasater 
Laughlin 
Linley 
Me  Cully 


Mr.  McClure 
McHatton 
Markley 
Moffett 
Moore 
Morris 
Oliver 
Pace 

J.  M.  Palmer 
Pratt 
Peters 
Rountree 
Scates 
Stadden 
Simpson 
J.  Smith 
Shumway 
Thompson 
Tutt 
Vernor 
Wead 
Webber 
Witt 

Whiteside 
Mr.  President. 


The  question  was  put,    by  jeasand  nays,  upon  the  adoption  of  that 
section, 


And  decided  in  the  affirmative, 
Those  voting  in  the  affirmative,  are, 


{Nays, 


Mr.  Akin 

Anderson 

Archer 

Armstrong 

Atherton 

Blair 

Blakely 

Ballingall 

Brockman 

Bosbyshell 

Brown 

Bunsen 

Crain 

J.  M.  Campbell 

T,  Campbell 


Mr. 'Carter 
Z.  Casey 
Choate 
Colby 
S.  J.  Cross 
Churchill 
Dale 

T.  G.  C.  Davis 
Dement 
Dunlap 
Dunn 
Edmonson 
Evey 
Farwell 


Mr.  Frick 
P.  Green 
Gregg 
Harvey 
Hatch 
Hawley 
Hay 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
Huston 


79 
65 


528 


JOURNAL  OF  THE  CONVENTION.       [August  30. 


Mr.  James 
Jenkins 
Kreider 
W.  C.  Kinney 
Kitcheli 
Lasater 
Laughlin 
Limey 
McCully 
McClure 
MeHatton 
Markley 


Mr.  Moffett 
Moore 
Morris 
Oliver 
Pace 

J.  M.  Palmer 
Pratt 
Peters 
Roman 
Kountree 
Scales 
Stadden 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Bond 
Canady 
Constable 
R.  J.  Cross 
Church 
D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Bummer 
Dunsmore 
C.  Edwards 
N.  W.  Edwards 
Eccles 
Graham 
Geddes 
H.  R.  Green 
Grimshaw 
Harding 
Harlan 
Harper 


Mr.  Hurlbut 
Jackson 
Jones 
Judd 

A.  R.  Knapp 
N.  M.  Knapp 
Kenner 
S.  Kinney 
Knowlton 
Knox 
Lemon 
Lockwood 
Logan 
McCallen 
F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Mienre 
Miller 
Minshall 
Northcott 
Norton 


Mr.  Simpson 
J.  Smith 
Sh  urn  way 
Thompson 
Tutt 
Vernor 
Wead 
Webber 
Witt 

Whiteside 
Worcester 
Mr.  President. 


Mr.  H.  D.  Palmer 
Rives 
Robbins 
Swan 
Shields 
Spencer 
Servant 
Sibley 
Sim  " 

E.  O.  Smith 
Thomas 
Thornton 
Trower 
Turn  bull 
Turner 
Tuttle 
Vance 
West 
Williams 
Whitney 
Woodson. 


On  motion  of  Mr.  Thornton, 

The  fifteenth  section  was  stricken  out. 

Mr.  Pratt  moved  to  amend  the  HUh  section  by  adding  to  it: 

"SEC.  — .  The  legislature  shall  provide  that  all  fines  and  forfeitures 
arising  out  of  criminal  proceedings  in  the  several  counties,  as  well  as  all 
fines  and  forfeitures  arising  out  of  an  omission  to  do  military  duty,  be  ap- 
propriated from  time  to  time  to  the  establishment  of  one  or  more  libraries 
in  each  of  the  several  counties  of  ihis  state  for  the  use  of  the  people 
thereof." 

Mr.  Harding  moved  to  amend  the  proposed  additional  section  by  strik- 
ing out  the  words  "as  well  as  all  fines  and  forfeitures  arising  out  of  an 
omission  to  do  military  duty." 

On  motion  of  Mr.  J.  M.  Davis, 

The  question  was  taken,  hy  yeas  and  nays,  on  laying  the  amendment 
and  amendment  to  the  amendment  on  the  table, 


And  decided  in  the  affirmative,    5 Yeas» 

C 


80 
33 


August  30.]      JOURNAL  OF  THE  CONVENTION. 


529 


Those  voting  in  the  affirmative,  are, 


Mr.  Anderson 
Atherton 
Blair 
Canady 
Carter 
Z.  Casey 
Choate 
Church 
Constable 
R.  J.  Cross 
D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dement 
Dummer 
Dunn 
Dunsmore 
Eccles 
C.  Edwards 
N.  W.  Edwards 
Frick 
Graham 
Geddes 
P.  Green 
Grimshaw 
Hardinjr 
Harlan 
Harper 


Mr.  Harvey 
Hay 
Hayes 
Hill 
Hoes 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jones 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Laughlin 
Lemon 
Linley 
Lockwood 
Loijan 
McClure 
McHatton 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 


Mr.  Miller 
Moffett 
Moore 
.Morris 
Norton 
Oliver 

H.  D.  Palmer 
Rives 
Rountree 
Servant 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Thornton 
Trower 
Turnbuli 
Turner 
Tutt 
Tuttle 
Vernor 
West 
Witt 

Whiteside 
Woodson 
Worcester. 


Those  voting  in  the  negative,  are. 


fr.  Adams  Mr.  Crain  Mr.  McCallen 

Akin  S.  J.  Cross  Northcott 

Archer  Dale  J.  M.  Palmer 

Armstrong  T.  G.  C.  Davis  Pratt 

Ballingall  Dunlap  Scates 

Blakely  Hawley  J.  Smith 

Bond  Henderson  Thompson 

Brockman  Hogue  Vance 

Bunsen  Jenkins  Webber 

J.  M.  Campbell  Kitchell  Whitney 

Churchill  Lasater  Mr.  President. 
Colby 

Mr.  J.  M.  Davis  moved  to  amend  the  sixteenth  section  by  striking  it 
it  and  inserting  in  lieu  of  it: 

"SEC.  — .  The  election  of  governor,  lieutenant  governor,  secretary  of 
ite,  auditor,  treasurer,  and  members  of  the  general  assembly,  shall  for- 
jr  hereafter  be  held  on  the  first  Monday  of  August,  anything  in  this 

stitution  to  the  contrary  notwithstanding." 

On  motion  of  Mr.  J.  M.  Davis, 
The  previous  question  was  ordered. 

being  put,  by  yeas  and  nays,  upon  the  adoption  of  the  amendment 

red  by  him, 


34 


530  JOURNAL  OF  THE  CONVENTION.       [August  M. 

\Yeas.       ...  .35 

It  was  decided  in  the  negative,  {w^~.  95 


Those  voting  in  the  affirmative,  are, 


Mr.  Archer 
Atherton 
Bond 
D.  Davis 
J.  M.  Davis 
Dawson 
Eccles 
P.  Green 
Grimshaw 
Harding 
Hay 
Hunsaker 


Mr.  James 
Jenkins 
Jones 
Kenner 
Lockvvood 
Logan 
McCallen 
Mark  ley 
Matheny 
Minshail 
Oliver 
Peters 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Anderson 
Armstrong 
Ballingall 
Blair 
Blakely 
Bosby  shell 
Brockman 
Brown 
Bunsen 

J.  M.  Campbell 
T.  Campbell 
Carter 
Z.  Casey 
Choate 
Churchill 
Colby 
Constable 
Grain 

R.  J.  Cross 
S.  J.  Cross 
Dale 

T.  G.  C.  Davis 
Deitz 
Dement 
Dummer 
Dunlap 
Dunn 
Dunsmore 
C.  Edwards 
N.  W.  Edwards 
Evey 


Mr.  Farwell 
Frick 
Graham 
Geddes 
Gregg 
Harlan 
Harper 
Harvey 
Hatch 
Hawley 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Hurlbut 
Huston 
Jackson 
Judd 

S.  Kinney 
W.  C.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Lasater 
Linley 
McCully 
McClure 
McHatton 
F.  S.  D.  Marshall 


Mr.  Rives 
Rountree 
Servant 
Sim 

Simpson 
Thornton 
Turner 
West 
Williams 
Witt 
Whiteside. 


Mr.  T.  A.  Marshal? 
Mason 
Mieure 
Moffett 
Morris 
Northcott 
Norton 
Pace 

H.  D.  Palmer 
J.  JVl.  Palmer 
Pratt 
Robbins 
Scates 
Shields 
Sh  um  way 
Sibley 
J.  Smith 
Spencer 
Stadden 
Thompson 
Trower 
Turnbull 
Tutt 
Vance 
Vernor 
Wead 
Webber 
Whitney 
Woodson 
Worcester 
Mr.  President. 


The  sixteenth  section  was  then  adopted. 

Mr.  Scates  moved  to  amend  the  17th  section  by  adding  to  it: 

"  SEC.  — .     Until  otherwise  provided  by  law,  the  terms  of  the  suprei 
court  shall  be  held  as  follows: 

"  In  the  first  division,  on  the  first  Monday  of  December,  1848,  and  an- 
nually thereafter; 

"In  the  second  division,  on  the  third  Monday  of  December,  1848,  and 
annually  thereafter;  and 


August  30.  J     JOQRNAL  OF  THE  CONVENTION..  531 

'in  the  third  division,  on  the  first  Monday  of  February,  1849,  and  an- 
nually thereafter. 

"  The  sheriffs  of  Jefferson  and  LaSalle  counties  shall  perform  the  same 
duties,  and  receive  the  same  compensation,  as  is  now  required  and  provided 
for  the  sheriff  of  Sangamon  county,  until  otherwise  provided  by  law;" 

Which,  on  motion  of  Mr.  N.  W.  Edwards, 

Was  amended  by  striking  out  the  word  "  now." 
On  motion  of  Mr.  Logan, 

The  proposed  additional  section  was  further  amended  by  adding  to  it: 

"  SEC.  — .  The  first  election  for  judges  of  the  supreme  and  circuit 
courts  shall  be  held  on  the  first  Monday  of  September,  1848,  anything  in 
this  constitution  to  the  contrary  notwithstanding." 

Mr.  Thomas  moved  further  to  amend  the  additional  section  offered  by 
Mr.  Scates,  by  prefixing  thereto  the  following: 

4CSEC.  — .  On  the  first  Monday  in  December,  one  thousand  eight  hun- 
dred and  forty-eight,  jurisdiction  of  all  suits  and  proceeding*,  then  pend- 
ing in  the  present  supreme  court,  shall  become  vested  in  the  supreme 
court  established  by  this  constitution,  and  shall  be  finally  adjudicated  by 
the  court  holden  in  Springfield.  The  jurisdiction  of  all  suits  and  proceed- 
ings then  pending  in  the  circuit  courts  of  the  several  counties  shall  be  vest* 
ed  in  the  circuit  court  of  said  counties,  and  the  jurisdiction  of  all  suits 
and  proceedings  in  the  Cook  and  Jo  Daviess  county  courts  shall  be  vested 
in  the  circuit  courts  of  those  counties  respectively. 

44  SEC.  — .  On  the  first  Monday  in  December,  one  thousand  eight 
hundred  and  forty-eight,  the  term  of  office  of  the  judges  of  the  supreme 
court,  of  the  county  and  state's  attorneys,  of  the  judges  of  the  Cook  and 
Jo  Daviess  county  court,  and  of  the  clerks  of  the  supreme,  circuit,  and 
county,  shall  expire;  and  on  said  day  the  term  of  office  of  the  judges, 
state's  attorneys,  and  clerks,  elected  under  the  provisions  of  this  constitu- 
tion, shall  commence.  The  judges  of  the  supreme  court  elected  as  afore- 
said shall  have  and  exercise  the  powers  and  jurisdiction  conferred  upon 
the  present  judges  of  that  court,  and  the  said  judges  of  the  circuit  court 
shall  have  and  exercise  the  powers  and  jurisdiction  conferred  upon  the 
judges  of  those  courts,  subject  to  the  provisions  of  this  constitution:  Pro- 
vided, that  the  Cook  and  Jo  Daviess  county  court  shall  remain  in  exis- 
tence until  otherwise  provided  by  law." 

The  question  was  taken,  and  the  amendment  offered  to  the  amendmsnt 
was  agreed  to. 

The  question  was  taken,  and  the  additional  section,  as  amended,  agreed 
to,  as  an  amendment  to  the  17th  section. 

The  17th  section,  as  amended,  was  adopted. 

Mr.  Thomas  moved  the  following  as  an  addition  to  the  18th  section: 

"The  term  of  holding  biennial  or  other  elections,  provided  for  in  this 
constitution,  may  be  changed;  but  elections  of  judges  of  the  supreme  and 
circuit  courts  shall,  after  the  first  election,  be  held  within  less  than 
three  months  of  the  time  of  holding  any  other  general  election;  nor  shall 
any  change  made  under  the  provisions  of  this  section  affect  the  tenure  of 
any  office." 


JOURNAL  OF  THE  CONVENTION.       [August  30. 

On  motion  of  Mr.  T.  Campbell, 
The  amendment  was  laid  on  the  table. 
The  question  was  taken,  and  the  18th  section  adopted. 
Mr.  Scates  withdrew  the  additional  section  offered  by  him  on  Saturday 
last. 

On  motion  of  Mr.  N.  W.  Edwards, 
The  19th  section  was  laid  on  the  table. 

On  motion  of  Mr.  Archer, 

The  schedule,  as  amended,  was  referred  to  the  committee  on  Revision. 
Mr.  Constable,  from  the  committee  to  prepare  an  address  to  the  people 
oi  the  state,  to  accompany  the  constitution,  reported  the  following 

ADDRESS: 

IN  COXVESTION,  SPRINGFIELD,  ILLINOIS, 

August  30th,  1847. 

In  bringing  their  deliberations  to  a  close,  the  delegates  to  the  constitutional 
convention  tender  their  congratulations  to  the  people  of  the  state  of  Illinois, 
upon  the  character  of  the  instrument  which  they  now  submit  for  their  considera- 
tion as  a  substitute  for  the  constitution  under  which  we  have  lived  since  the  in- 
stitution of  our  state  government.  As  the  result  of  arduous  and  protracted  con- 
sultation and  deliberation,  it  is  to  be  supposed  that  the  members  of  the  conven- 
tion cannot  forego  this  opportunity  to  recommend  it  to  your  candid  and  unpreju- 
diced investigation,  as  upon  the  final  action  of  the  whole  people  at  the  polls, 
alone,  depends  its  adoption  or  rejection. 

The  action  of  the  convention  has  been  characterized  by  a  most  liberal  spirit 
of  concession.  Individual  views  and  local  preferences  and  prejudices  have 
been  so  compromised  as  to  secure  to  our  labors  that  success,  which  could  never 
have  been  otherwise  attained,  how  arduous  soever  might  have  been  the  struggle 
therefor.  Availing  themselves  of  the  lights  furnished  by  a  highly  advanced 
state  of  political  science,  your  delegates  have  sought  to  adapt  their  efforts  to  the 
demands  of  the  growing  interests  and  population  of  the  state,  consulting  at  all 
times  the  dictates  of  the  popular  will,  whenever  it  could  be  ascertained. 

The  proposed  constitution  is  embraced  within  the  limits  of  —  -  articles, 
severally  devoted  to  the  various  subjects  which  experience  pointed  out  as  pro- 
perly to  be  considered  in  framing  the  organic  law  of  the  state.  While  too  great 
detail  has  been  sought  to  be  avoided,  every  possible  effort  has  been  exerted  to 
jruard  against  ambiguity  and  conflicting  provisions. 

Your  delegates  now  submit  to  you  the  prominent  details  of  their  action  in  the 
reorganization  of  the  several  departments  of  the  government,  as  a  guide  to  your 
investigation  of  their  official  course. 

They  have  steadily  preserved,  as  wholly  distinct  and  independent,  the  oft  re- 
cognized three  grand  divisions  of  government,  as  essential  to  the  permanence 
and  purity  of  our  free  institutions,  viz:  the  executive,  legislative,  and  judicial. 

They  have  declared  the  boundaries  and  limits  of  the  state,  prescribed  the  ju- 
risdiction of  the  government  so  far  as  the  same  can  be  defined,  and  have  provi- 
ded for  the  final  adjustment  of  any  doubts  connected  therewith,  by  convention 
with  the  state  of  Kentucky. 

They  have  provided  for  the  reorganization  of  the  executive  department —  . 

By  the  election  of  a  governor;  limiting  his  term  of  office  to  four  years,  render- 
ing him  ineligible  to  consecutive  re-election,  and  fix,ng  his  salary  at  the  sum  of 


August  30.1       JOURNAL  OF  THE  CONVENTION.  533 


fifteen  hundred  dollars  per  annum.  By  requiring  as  a  qualification  for  office 
that  he  shall  have  attained  the  age  of  thirty-live  years,  shall  have  been  a  citizen 
of  the  United  States  fourteen  years,  and  of  this  state  ten  years,  and  shall  take  an 
oath  of  office. 

By  abolishing  the  council  of  revision  and  conferring  on  the  governor  the 
power  to  exercise  a  qualified  veto. 

By  providing  for  the  election  of  a  lieutenant  governor,  prescribing  his  duties, 
limiting  his  term  of  office,  and  designating  his  compensation. 

By  providing  for  the  election  of  a  secretary  of  state,  who  is  to  continue  in 
office  during  the  term  of  the  governor;  and  for  performing  such  duties  as  are  or 
may  be  assigned  to  him,  he  is  to  receive  a  salary  of  eight  hundred  dollars,  with 
his  fees  of  office. 

They  have  reorganized  the  legislative  department — 

By  restricting  the  number  of  senators  to  twenty-five,  and  the  number  of  re- 
presentatives to  seventy-five,  and  prescribing  the  qualifications  of  each. 

By  fixing,  as  the  time  for  the  meeting  of  the  regular  sessions  of  the  general 
assembly,  the  first  Monday  in  January,  A.  D.  1849,  and  on  the  first  Monday  ia 
January  bienially  thereafter. 

By  fixing  the  pay  of  members  at  two  dollars  per  day,  for  the  first  forty-two 
days  of  the  session,  and  at  one  dollar  per  day  for  each  day  thereafter;  and  ren- 
dering them  ineligible  to  any  office  which  may  be  conferred  by  the  governor  or 
the  general  assembly,  during  the  time  for  which  the)  were  elected,  and  one'year 
thereafter, 

By  requiring  that  bills  providing  for  the  pay  of  members,  or  the  salaries  j*of 
state  officers,  shall  contain  no  other  provisions  whatever. 

By  providing  that  all  final  votes  upon  bills  shall  be  by  yeas  and  nays,  and  that 
no  bill  shall  become  a  law  unless  by  a  vote  of  a  majority  of  all  the  members 
elected  to  each  house. 

By  prohibiting  the  passage  of  any  laws  authorizing  lotteries,  or  for  reviving  or 
extending  the  charters  of  the  state  bank  or  any  other  bank  in  this  state,  or  any 
special  law  authorizing  the  sale  of  lands  belonging  to  individuals. 

By  requiring  that  e^ch  general  assembly  shall  make  appropriations  for  the  ex- 
penses of  the  government  until  the  adjournment,  of  the  next  regular  session;  that 
such  appropriations  shall  not  exceed  the  revenue  for  the  same  period,  and  shall 
not  be  increased  or  changed  unless  by  a  vote  of  two-thirds  of  each  house  of  such 
next  general  assembly. 

By  restricting  the  general  assembly  from  borrowing  any  money,  unless  in  cases 
of  insurrection,  invasion,  or  war,  without  submitting  the  law,  authorizing  the 
loan  and  providing  for  its  payment,  to  the  people,  at  least  three  months  before 
the  time  of  voting  on  the  same,  requiring  a  majority  of  all  the  votes  cast  for  mem- 
bers of  the  general  assembly  to  give  to  such  law  validity  and  force. 

By  refusing  to  allow  the  credit  of  the  state  to  be  given  in  aid  of  any  individual 
corporation  or  association. 

By  directing  that  all  contracts  for  fuel,  stationery,  and  other  necessaries  ia 
carrying  out  the  operations  of  the  government,  shall  be  let  to  the  lowest  respom- 
sible  bidder. 

By  adopting  wholesome  guards  against  improper  and  corrupting  influence  on 
this  department  of  government — 

And  by  providing  a  new  mode  of  determining  the  census  of  the  state. 

In  arranging  the  judiciary  they  have  sought  an  improved  system — 

By  devolving  its  powers  and  dulieson  a  supreme,  circuit,  and  county  courts, 
and  justices  of  the  peace;  authorizing  the  establishment  of  municipal  courts, 

By  the  creation  of  three  supreme  judges,  to  be  chosen  by  the  people. 


534  JOURNAL  OF  THE  CONVENTION.       [August  "0. 

By  dividing  the  state  into  three  grand  divisions,  and  requiring  at  least  one 
term  annually  of  the  said  court  to  be  held  in  each  of  them. 

By  fixing  the  term  of  office  of  said  judges  at  nine  years,  and  their  salaries  at 
twelve  hundred  dollars  per  annum. 

By  the  establishment  of  nine  circuits,  in  each  of  which  is  to  be  elected  a  circuit 
judge,  whose  term  of  office  is  six  years,  and  his  salary  one  thousand  dollars. 

By  prescribing  conservative  qualifications  for  incumbents  of  the  office  of 
judge. 

By  the  erection  of  a  county  court,  the  judge  of  which  is  to  be  elected  in  each 
county,  to  hold  his  office  four  years,  and  receive  such  compensation  as  the  gen- 
eral assembly  may  provide,, 

By  conferring  on  this  court  jurisdiction  in  all  matters  of  probate. 

By  requiring  the  judge  thereof,  in  conjunction  with  such  justices  of  the  peae« 
as  the  general  assembly  may  direct,  to  hold  terms  for  the  transaction  of  county 
business. 

By  providing  for  the  election  of  clerks  of  the  several  courts,  and  constituting 
the  clerk  of  either  the  circuit  or  county  court  ex  cfficio  recorder,  as  the  general 
assembly  may  provide. 

By  abolishing  the  office  of  attorney  general,  and  adopting  salutary  provisions 
for  carrying  into  successful  operation  the  foregoing  system  of  courts;  and  by 
rendering  a  sheriff  ineligible  to  immediate  re-election. 

Your  delegates  have  endeavored  further  to  discharge  the  high  trusts  confided 
to  them — 

By  restricting  the  right  of  suffrage  to  all  white  male  citizens  above  the  age  of 
twTenty-one  years,  and  who  have  resided  in  this  state  one  year  next  preceding  the 
election ;  and  to  such  white  male  inhabitants  above  that  age  who  shall  be  resi- 
dents of  this  state  at  the  time  of  the  adoption  of  this  constitution  ;  and  by  re- 
quiring each  voter  to  exercise  his  right  only  in  the  district  or  county  where  he 
actually  resides. 

By  changing  the  mode  of  voting  to  ballot. 

By  altering  the  time  of  holding  the  general  elections  to  the  Tuesday  next  after 
the  first  Monday  in  November,  biennially, 

By  directing  that  no  new  county  shall  be  created,  but  at  the  expressed  vote  of 
a  majority  of  all  persons  interested,  and  unless  the  territory  of  such  counties 
contains  at  least  four  hundred  square  miles.  By  adopting  other  restriction* 
in  accordance  with  this  principle. 

By  requiring  all  laws  creating  corporations,  not  possessing  banking  powers, 
to  be  general. 

By  prohibiting  the  creation  of  any  state  bank  whatever. 

By  refusing  to  permit  the  state  to  become  interested  in  any  corporation  or  as- 
sociation for  banking  purposes. 

By  requiring  that  all  acts  authorizing  corporations  or  associations  with  bank- 
ing powers,  shall  take  effect  only  upon  the  approval  of  a  majority  of  the  people^ 
at  a  vote  to  be  taken  at  some  general  election. 

By  making  all  stockholders  in  any  such  corporation  liable  for  the  debts  of  the 
same,  to  the  extent  of  the  amount  of  the  value  of  their  shares  in  such  corpora- 
tion. 

By  allowing  counties,  upon  a  vote  of  a  majority  of  the  legal  voters  thereof,  te 
adopt  township  organization  in  lieu  of  that  now  in  force  therein. 

By  providing  for  the  election  of  an  auditor  of  public  accounts  by  the  people, 
whose  term  of  office  shall  be  four  years,  and  salary  one  thousand  dollars,  ex- 
clusive of  clerk  hire* 


August  30.]        JOURNAL  OF  THE  CO:,VENT1ON.  535 

By  providing  for  the  election  of  a  treasurer  in  the  same  manner,  who  shall 
hold  his  office  two  years,  and  receive  a  salary  of  eight  hundred  dollars. 

By  adopting  an  equitable  system  of  revenue  based  upon  the  actual  valuation 
of  property. 

By  authorizing  the  levying  of  a  capitation  tax  when  the  general  assembly  may 
deem  it  expedient. 

By  adopting  a  system  for  the  organization  of  the  militia. 

By  the  promulgation  of  a   declaration  of  the  rights  pertaining  to  citizens;  arid 
by  declaring  two  modes  by  which  this  constitution  may  be  amended  at  the  op-_ 
tion  of  the  people  of  the  state. 

All  of  the  foregoing  provisions,  and  the  articles  in  which  they  are  contained, 
are  to  be  voted  upjn  by  the  people  as  an  entire  proposition. 

Your  delegates,  however,  have  deemed  it  advisable  to  adopt  absolutely  a  pro- 
vision in  relation  to  commons,  local  and  partial  in  its  operation,  and  pertaining 
more  particularly  to  the  citizens  of  Kaskaskia  and  Prairie  du  Roche. 

Two  articles  adopted  by  your  delegates,  it  has  been  deemed  advisable  to  sub- 
mit separately,  as  distinct  propositions,  leaving  the  residue  of  the  constitution 
unaffected  by  the  action  thereon. 

The  first  of  these  is  the  article  restricting  the  immigration  and  introduction, 
under  any  circumstances,  of  free  negroes  into  this  state,  after  the  adoption  of  this 
constitution. 

The  second  is  the  article  providing  for  the  imposition  of  a  tax  of  two  mills  on 
the  dollar's  worth  of  taxable  property  in  this  state,  the  proceeds  of  which  are  to 
be  applied  to  the  discharge  of  the  entire  debt  known  as  the  internal  improvement 
debt,  by  first  paying  the  principal  of  such  debt,  and  the  interest  accrued  and  ac- 
cruing thereon.  This  article  contemplates  a  consent  on  the  part  of  our  creditors 
to  this  proposition.  It  is  shown  by  a  calculation  subjoined  that  the  entire  debt 
will  be  discharged  in  twenty-five  years,  as  follows: 

The  principal  part  of  that  debt  is  $6,245,380  ;  a  two  mill  tax,  in  1848,  will 
produce  about  $200,000.  This  tax  will  increase  annually  at  the  rate  of  about 
seven  per  centum  throughout  the  twenty-five  years,  reasoning  from  experience 
connected  with  western  advancement.  Taking  these  two  propositions  as  the 
basis  of  our  calculation,  in  nineteen  years,  this  tax  will  yield  $6,194,000,  which 
leaves  unpaid,  of  the^principal,  only  $51,380.  There  is,  however,  already  ac- 
crued $2,248,372  of  interest,  which  will  be  increased  to  about  $3,000,000  be- 
fore this  provision  can  be  carried  into  operation.  There  will  accrue,  during  the 
nineteen  years,  $3,559,916,  making  the  aggregate  of  interest  due  at  that  time 
$6,559,916,  which,  however,  is  subject  to  constant  reduction  from  three-fii'ths 
of  the  mill  and  a  half  fund  now  raised,  which,  in  the  nineteen  years,  amounts  to 
$2,784,300,  leaving  interest  then  really  due  amounting  to  $3,775,316.  To  this 
add  the  unpaid  portion  of  the  principal,  $51,380,  and  we  have  $3,826,996, 
which,  without  any  great  increase  of  interest,  is  yet  to  be  discharged.  To  do 
this  we  now  have  the  aggregate  fund  produced  from  the  three-fifths  of  the  mill 
and  a  half  tax,  and  from  the  two  mill  tax  which,  in  the  six  following  years,  will 
produce  $4,358,700,  which  will  liquidate  the  whole  amount,  being  an  excess  of 
nearly  $500,000.  All  this,  too,  without  materially  increasing  our  burthens, 
when  viewed  in  connection  with  the  proposed  reduction  of  state  expenses. 

Having  thus  completed  the  recapitulation  proposed  in  this  address,  your  dele- 
gates respectfully  urge  you  to  enter  upon  the  discharge  of  your  duties,  as  citi- 
zens, in  connection  with  the  proposed  constitution,  unbiased  by  preconceived 
views  ;  with  a  patriotic  determination  to  consider  the  product  of  our  labors 
as  an  entire  system  of  organic  law.  That  there  may  be  many  objections  to  the 
instrument  submitted,  will  not  now  be  controverted ;  but  that  it  is  as  free  from 


536 


JOURNAL  OF  THE  CONVENTION.        [August  30. 


fault  as  the  circumstances  under  which  it  has  been  formed  would  warrant,  we 
think  the  candid  must  admit.  In  presenting  it,  and  recommending  its  adoption, 
your  delegates  seek  only  tu  foster  the  best  interests  of  the  state,  and  the  earliest 
development  of  its  unbounded  resources. 

With  an  appeal  to  Almighty  God,  that  He  may  so  direct  our  wills  and  govern 
our  acts  as  will  most  redound  to  His  glory,  and  to  the  furtherance  of  the  high 
and  holy  purposes  we  seek  to  advance ;  and  that  He  may,  under  all  vicissitudes, 
extend  to  us,  as  a  people,  His  omnipotent  protection,  we  commend  ourselves 
and  your  interests  to  His  allwise  control. 

C.  H.  CONSTABLE, 
M.  G.  DALE, 
F.  S.  D.  MARSHALL, 
L.  B.  KNOWLTON, 
THOMPSON  CAMPBELL, . 
THOS.  G.  C.  DAVIS, 
JOHN  DAWSON, 
H.  M.  WEAD. 


Which  address  was  read. 

On  motion  of  Mr.  Archer, 
The  previous  question  was  ordered. 

The  question  was  taken,  by  yeas  and  nays,  on  the  adoption  of  the  ad- 
dress, 

.  104 
.    29 


And  decided  in  the  affirmative, 

{  IN  ays, 

Those  voting  in  the  affirmative,  are, 


Mr.  Adams 
Anderson 
Archer 
Atherton 
Blair 
Bond 
Brockman 
Brown 

J.  M.  Campbell 
T.  Campbell 
Canady 
Carter 
Choate 
Church 
Churchill 
Constable 
Grain 

R.  J.  Cross 
Dale 

D.  Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dummer 
Dunlap . 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 


Mr.  N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hawley 
Hay 
Hayes 
Hill 

Hurlbut 
Jackson 
Jones 
Judd 
Kenner 
S.  Kinney 
A.  R.  Knapp 
N.  M.  Knapp 
Knowllon 
Knox 
Laughlin 
Lemon 
Logan 
Loudon 


Mr.  McCalien 
McCuIly 
McClure 
McHatton 
F.  S.  D.  Marshall 
Matheny 
Mieure 
Miller 
Min. hall 
Motfett 
Moore 
Morris 
Northcott 
Norton 

H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 
Robbins 
Robinson 
Roman 
Rountree 
Servant 
Shields 
Sh  urn  way 
Sihley     ' 
Sirn 

Simpson 
E.  O.  Smith 


August  30.]         JOURNAL  OF  THE  CONVENTION. 


537 


Mr.  Spencer 
Stadden 
Swan 
Thomas 
Thornton 
Trower 


Mr.  Turnbull 
Turner 
Tuttle 
Vance 
Vernor 
Wead 


Those  voting  in  the  negative,  are, 


Mr.  Akin 

Armstrong 

Ballirigall 

Blakely 

Bosbyshell 

Bunsen 

Z.  Casey 

Colby 

S.  J.-  Cross 

Dement 


Mr.  Farwell 
Gregg 
Henderson 
Hoes 
Hogue 
Hunsaker 
James 

W.  C.  Kinney 
Kreider 
Lasater 


Mr.  West 
Williams 
Witt 
Whitney 
Woodson 
Mr.  President. 


Mr.  Markley 
Mason 
Oliver 
Pace 
Scates 
J.  Smith 
Thompson 
Tutt 
Whiteside. 


Mr.  Archer  moved  that  the  address  be  referred  to  the  committee  on  Re- 
vision, &c.j  and  that  it  be  printed  for  distribution  with  the  amended  con- 
stitution. 

Mr.  Dement  moved  that  the  convention  vote  first  on  printing  the  ad- 
dress; when  such  division  was  refused. 

The  question  was  taken,  by  yeas  and  nays,  upon  the  motion  of  Mr. 
Archer, 


And  decided  in  the  affirmative, 
Those  voting  in  the  affirmative,  are3 


(Yeas, 
{Nays, 


94 

30 


Mr.  Adams 
Anderson 
Archer 
Bond 
Brockman 
Canady 
Choate 
Church 
Churchill 
Constable 
R.  J.  Cross 
Dale 
D.  Davis 
J.  M.  Davis 
Dawson 
Deilz 
Dunlap 
Dun-smore 
Eccles 
Edmonsori 
C.  Edwards 
N.  W.  Edwards 
Evey 
Frick 
Graham 
Geddes 
H.  R.  Green 


Mr.  P.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hay 
Hayes 
Hill 

Hurlbut 
Huston 
Jackson 
Jones 
Judcl 
Kenner 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Laughlin 
Lemon 
Lockwood 
Logan 
Loudon 
McCallen 
McCully 
McClure 
McHalton 


Mr.  F.  S.  D.  Marshall 
T.  A.  Marshall 
Matheny 
Mieure 
Miller 
Minshall 
Moffett 
Moore 
Northcott 
H.  D.  Palmer 
J.  M.  Palmer 
Peters 
Pratt 
Rives 
Robinson 
Roman 
Servant 
Shields 
Shu  m  way 
Sibley    ' 
Sim  * 
Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 


538  JOURNAL  OF  THE  CONVENTION.       [August  30. 

Mr.  Trower  Mr.  Wead  Mr.  Witt 

Turnbull  Webber  Woodson 

Turner  West  Worcester 

Tuttle  Williams  Mr.  President. 

Vernor 

Those  voting  in  the  negative,  are, 

Mr.  Akin  Mr.  Colby  Mr.  W.  C.  Kinney 

Armstrong  Crain  Kreider 

Ballingall  Dement  Lasater 

.Blair  Uregg  Markley 

Blakelv  Hatch  Mason 

Bosbyshell  Henderson  Oliver 

Brown  Hoes  Pace 

Bunsen  Hurisaker  Robbing 

Carter  James  Scates 

Z.  Casey  Jenkins  J.  Smith. 

On  motion  of  Mr.  Lockvvooc), 

Resolved,  That  the  committee  on  Revision  be  required,  before  the  final 
adoption  of  the  amended  constitution,  to  correct  their  report  of  the  con- 
stitution, whenever  they  shall  become  satisfied  that  they  have  omitted  any 
provisions  that  have  been  ordered  by  the  convention  to  forma  part  of  the 
constitution,  arid  that  they  report  such  correction  or  corrections,  if  any, 
to  the  convention. 

Mr.  A.  R.  rvnapp,  from  the  committee  on  the  Bill  of  Rights,  to   whic 
had  been  referred  two  several  petitions  of  H.  J.  Grimsley  and  others,  an 
of  R.  H.  Peck,  S.  A.  W.  Jexvett  and  others,  of  Will  county,  in  relatioi 
to  slavery  and    free  persons  of  color;  also  four   resolutions,    proposed   re 
spectively  by  Messrs.  Daws  >n,  Church,  West,  and  T.  G.  C.  Davis,  report 
ed  the  same  back  to  the  convention,  and  obtained  discharge  from  their  fur 
ther  consideration. 

On  motion  of  Mr.  Logan, 

The  following  win  adopted,  and  referred  to  the  committee  on  Revis 
ion,  &LC. 

"SEC.  — .  Nothing  in  this  constitution  shall  prevent  the  general  asscm 

bly  from  passing  such  laws  in  relation  to  the  apprenticeship  of  minors,  a 

may  be  necessary  and  proper." 

On  motion  of  Mr.  Logan, 

Resolved,  That  the  secretary  of  state  furnish  each  member  and  office 
of  t:ie  convention  with  two  copies  of  its  journal;  that  two  hundred  copie 
of  said  journal  ba  retained  in  the  office  of  the  secretary  of  state;  (hat  on 
copy  be  transmitted  to  each  state  of  the  Union,  one  to  the  librarian  o 
congress,  for  the  library  of  that  body,  one  to  the  secretary  of  stale  of  th 
United  States,  for  the  department  of  state;  and  that  the  remainder  of  th 
copies,  ordered  to  be  printed,  be  distributed  among  the  several  countie 
of  this  state,  in  proportion  to  their  white  population. 
On  motion, 

The  convention  adjourned  until  5  o'clock,  p.  M. 


August  30.]         JOURNAL  OF  THE  CONVENTION. 


539 


FIVE  O'CLOCK,  P.  M. 


The  convention  met  pursuant  to  adjournment. 

Mr.  Eccles  offered  the  following: 

Resolved,  That  the  president  of  the  convention  certify  the  numher  of 
days  James  T.  Ewinghas  been  employed  in  copying  the  journal,  and  that 
he  receive  the  same  compensation  per  diem  as  the  assistant  secretary  of 
this  convention. 

Mr.  Northcott  moved  to  lay  the  resolution  on  the  table.  The  motion 
was  rejected. 

The  question  was  put,  by  yeas  and  nays,  upon  the  adoption  of  the 
resolution, 


And  decided  in  the  affirmative, 


5^       ' 
(iMays, 


85 


Those  voting  in  the  affirmative,  are, 


Mr.  Akin 

Anderson 

Armstrong 

Ballingall 

Blakefy 

Bond 

Bosbyshell 

Brockman 

Brown 

Buusen 

J.  M.  Campbell 

T.  Campbell 

Canady 

Carter 

Z.  Casey 

Choate 

Churchill 

Colby 

Crain 

S.  J.  Cross 

Dale 

Daw  3  on 

Deitz 

Dement 

Dummer 

Dunn 

Dunsmore 

Eccles 

Edmonson 


Mr.  Evey 
Harwell 
H.  R.  Green 
P.  Green 

Gregg 

Grimshaw 

Hatch 

Henderson 

Hill 

Hoes 

Hogue< 

Hurlbut 

Huston 

Kenner 

Kitchell 

Kreider 

Lasater 

Laughlin 

Lemon 

Lin  ley 

London 

McCallen 

McCully 

McClure 

Me  Halt  on 

Markley 

F.  S.  D.  Marshall 

T.  A.  Marshall 


Those  voting  in  the  negative,  are, 


Mr.  Adams 
Church 
R.  J.  Cross 
N.  W.  Edwards 
Frick 
Graham 


Mr.  Geddes 
Harding 
Harlan 
Harper 
Hunsaker 
Jackson 


Mr.  Mieure 
Miller 
Miushall 
Motfett 
Moore 

J.  M.  Palmer 
Pratt 
Robbins 
Robinson 
Roman 
Sh  urn  way 
Sibley 
Simpson 
E.  O.  Smith 
J.  Smith 
Stadden 
Thompson 
Thornton 
Trower 
Turnbull 
Vance 
Vernor 
Wead 
Webber 
Whiteside 
Whitney 
Mr.  President. 


Mr.  Jenkins 
Jones 
S.  Kinney 
Knox 
Logan 
Morns 


540  JOURNAL  OF  THE  CONVENTION.      [August  31. 

Mr.  Norton  Mr.  Shields  Mr.  Turner 
Oliver                                           Spencer  Tutt 

Peters  Swan  Tuttle 

Pinckney  Thomas  Witt. 

Rives 

On  motion  of  Mr.  Dement, 

Resolved,  That  the  president  of  this  convention  deliver  to  the  secretary 
of  state, in  open  convention,  the  enrolled  amended  constitution,  to  be  bj 
him  deposited  in  his  office, among  the  archives  of  this  state. 

On  motion  of  Mr.  Edmonson, 
(Mr.  Harvey  being  in  the  chair.) 

Resolved,  unanimously ,  That  the  thanks  of  this  convention  be  tendered 
to  the  president,  the  Hon.  Newton  Cloud,  for  the  courteous,  impartial,  dig- 
nified, and  able  manner  in  which  he  has  presided  over  its  deliberations. 

On  motion  of  Mr.  Gregg, 

Resolved,  unanimously,  That  Henry  W.  Moore  and  Harman  G.  Reynolds 
are  entitled  to  the  thanks  of  this  convention,  for  the  prompt  and  efficient 
manner  in  which  they  have  discharged  their  duties  as  secretaries. 

Oa  motion  of  Mr.  N.  M.  Knapp, 

Resolved,  unanimously,  That  the  thanks  of  this  convention  be  tendered 
to  the  several  clergymen,  who  have  acted  at  chaplains  to  this  convention. 

On  motion, 
The  convention  adjourned  until  to-morrow  morning  at  8  o'clock. 


TUESDAY,  AUGUST  31,   1847. 

The  convention  assembled  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Bergen. 

Mr.  Thomas,  from  the  committee  on  Revision,  &c.,  reported  the  follow- 
ing as  a  substitute  for  the  schedule  referred  to  them: 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amendments 
made  in  the  constitution  of  this  state,  and  to  carry  the  same  into  com- 
plete effect,  it  is  hereby  ordained  and  declared: 

SECTION  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution, 
not  inconsistent  therewith,  and  all  rights,  actions,  prosecutions,  claims, 
and  contracts  r»f  this  state,  individuals  or  bodies  corporate,  shall  continue 
and  be  as  valid  as  if  this  constitution  had  not  been  adopted. 

SEC,  2.  That  all  fines,  penalties,  and  forfeitures  due  and  owing  to  the 
state  of  Illinois  under  the  present  constitution  and  laws,  shall  enure  to 
the  use  of  the  people  of  the  state  of  Illinois  under  this  constitution. 

SEC.  3.  Recognisances,  bond?,  obligations,  and  all  other  instruments 
entered  into  and  executed,  before  the  adoption  of  this  constitution,  to  the 
people  of  the  state  of  Illinois,  to  any  state  or  county  officer  or  public  body, 
shall  remain  binding  and  valid,  and  rights  and  liabilities  upon  the  same 


AugustZL]        JOURNAL  OF  THE  CONVENTION.  541 

hall  continue,  and  all  crimes  and  misdemeanors  shall  be  prosecuted  and 
mnished  as  though  no  change  had  been  made  in  the  constitution  of  this 
tate. 

SEC.  4.  That  "article  XI,"  entitled  "  commons,"  is  hereby  adopted 
as  a  part  of  the  constitution  of  this  state,  without  being  submitted  to  be 
roted  upon  by  the  people. 

SEC.  5.  That  at  the  first  election  fixed  by  this  constitution  for  the 
Section  of  judges,  there  shall  be  elected  one  judge  in  each  of  the  nine 
udicial  circuits  now  established  in  this  state. 

SEC.  0.  The  county  commissioners'  courts  and  the  probate  justices  of 
he  several  counties  shall  continue  in  existence  and  exercise  their  pres- 
jnt  jurisdiction  until  the  county  court,  provided  in  this  constitution,  is  or- 
ganized in  pursuance  of  an  act  of  the  general  assembly  to  be  passed  at  its 
irst  session. 

SEC.  7.  That  the  clerk  of  the  circuit  court,  in  each  county  fixed  by 
his  constitution  as  the  place  for  holding  the  supreme  court,  shall  be  ex 
fficio  clerk  of  the  supreme  court,  until  the  clerks  of  said  court  shall  be 
lected  and  qualified,  as  provided  in  this  constitution,  and  all  laws  now  in 
force,  in  relation  to  the  clerk  of  the  supreme  court,  shall  be  applicable 
o  said  clerks  and  their  duties. 

SEC.  8.  That  the  sheriffs,  state's  attorneys,  and  all  other  officers  elected 
inderthis  constitution  shall  perfoim  such  duties  as  shall  be  prescribed  by 
aw. 

SEC.  9.  That  the  oaths  of  office  herein  required  to  be  taken  may  be 
idministered  by  a  justice  of  the  peace  until  otherwise  provided  by  law. 

SEC.  10.  That  this  constitution  shall  be  submitted  to  the  pe'ople  for 
heir  adoption  or  rejection  at  an  election  to  be  held  on  the  first  Monday  ia 
March,  A.  D.  1S48,  and  there  shall  also  be  submitted  for  adoption  or  re- 
ection  at  the  same  time,  the  separate  articles  in  relation  to  the  immigra- 
;ion  of  colored  persons  and  the  public  debt. 

SEC  .11.  That  every  person  entitled  to  vote  for  members  of  the  general 
lassembly,  by  the  constitution  and  laws  now  in  force,  shall  on  the  first  Mon- 
day in  March,  A.  D.  1848,  be  entitled  to  vote  for  the  adoption  or  rejec- 
tion ot  the  constitution,  and  for  and  against  the  aforesaid  articles  separate- 
y  submitted,  and  the  said  qualified  electors  shall  vote  in  the  counties  in 
which  they  respectively  reside,  at  the  usual  places  of  voting,  and  not  else- 
where; and  the  said  election  shall  be  conducted  according  to  the  laws 
now  in  force  in  relation  to  the  election  of  governor,  so  far  as  applicable, 
except  as  herein  otherwise  provided. 

SEC.  12.  That  the  poll-book  to  be  used  at  said  election  shall,  as  nearly 
as  practicable,  be  in  the  following  form,  to  wit: 


JOURNAL  OF  THE  CONVENTION.        \August  31. 

POLL-BOOK  of  an  election  held  at precinct,  in  the  county  of  — • 

on  the  first  Monday  in  March,  A.  D.   1818,  for  the  adoption  or  rejection 
of  the  Constitution,  as  amended,  and  the  separate  articles  submitted. 


e 
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NAMES  OF  VOTERS. 

W 

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11 
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i 

. 

SEC.  13.     That  the  returns  of  the  votes  for  the  adoption  or  rejection  oi 
this  constitution,  and  for  and  against  the  separate  articles  submitted,  shall 
be  made  to  the,  secretary  of  state  within  fifty  days  after  the  election,  andl 
the   returns  of  the  votes  shall,  within  five  clays  thereafter,  be   examined] 
and  canvassed  by  the  auditor,  treasurer  and  secretary  of  state,  or  any  tw< 
of  them,  in  the  presence  of  the  governor,  and  proclamation  shall  be  rnad< 
by  the  governor  forthwith  of  the  result  of  the  polls.     If  it  shall  appear3 
that  a  majority  of  all  the  votes  polled  are  for  the  adoption  of  this  consti- 
tution, it  shall  be  the  supreme  law  of  the  land,  from  and  after  the  first  day| 
of  April,  A.  D.  1848,    but  if  it  shall   appear  that  a  majority  of  the  votei 
polled  were  given  against  the  constitution,  the  same  shall  be  null  and  void, 
If  it  shall  further  appear  that  a  majority  of   the    votes   polled   shall  hav< 
been  given  for  the  separate   article  in  relation  to    colored  persons,  or   th< 
article  for  the  two  mill  tax,  then  said  article,  or  articles,  shall  be  and  fon 
a  part  of  this  constitution;  otherwise  said  article,  or  articles,  shall  be  nul 
and  void. 

SEC.  14.  That  if  this  constitution  shall  be  ratified  by  the  people,  th< 
governor  shall  forthwith,  after  having  ascertained  the  fact,  issue  writs 
election  to  the  sheriffs  of  the  several  counties  in  this  state;  or,  in  case 
vacancy,  to  the  coroners,  for  the  election  of  all  the  officers  the  time  ol 
whose  election  is  fixed  by  this  constitution,  or  schedule;  and  it  shall, 
the  duty  of  said  sheriffs  or  coroners  to  give  at  least  twenty  days'  notice  ol 
the  time  and  place  of  said  election,  in  the  manner  now  provided  by  law. 

SEC.  15.    The  general  assembly  shall,  at  its  first  session  after  the  ado] 
tion  of  this  constitution,  provide  by  law  for  the   mod%e  of  voting  by  " 
lot,  and  also  for  the  manner  of  returning,  canvassing,  and  certifying  tl 
number  of  votes  cast  at  any  election;  and  until  said  law  shall  be  passe< 
all  elections  shall  be  viva  voce,  and  the  laws  now  in  force  regulating  elec- 
tions shall  continue  in  force  until  the  general  assembly  shall  provide  othei 
wise,  as  herein  directed. 


August  23.]        JOURNAL  OF  THE  CONVENTION.  543 


544  JOURNAL  OF  THE  CONVENTION.        [August  31. 

SEC.  25.  Elections  of  judges  of  the  supreme  and  circuit  courts  shall 
be  subject  to  be  contested. 

SEC.  26.  Contested  elections  of  judges  of  the  supreme  court  shall  be 
tried  by  the  senate,  and  of  judges  of  the  circuit  court  by  the  supreme 
court,  and  the  general  assembly  shall  prescribe  the  mode  of  proceeding 
therein. 

The  question  was  taken,  and  the  substitute  agreed  to. 

The  same  committee  also  reported  that  they  had  discovered  two  errors 
in  the  engrossed  copy  of  ihe  articles  heretofore  reported,  to- wit: 

One  in  the  seventh  section,  and  one  in  the  34th  section,  of  article  three, 
which  they  had  corrected.  * 

The  committee  also  reported  that  the  article  adopted  in  relation  to  in- 
ternal improvement,  reported  by  Mr.  Churchill,  from  the  committee  on 
Agriculture,  &c.,  had  been  engrossed  and  enrolled  as  the  last  section  of 
the  article  on  corporations. 

The  report  was  agreed  to. 

On  motion  of  Mr.  J.  M.  Campbell, 

The  reading  of  the  journal  of  yesterday  was  dispensed  with. 

Mr.  Thomas,  from  the  committee  on  the  Revision  and  Adjustment,  &c., 
reported  the  constitution,  schedule,  and  separate  articles  as  correctly  en- 
rolled; which  were  read  as  follows: 

CONSTITUTION. 
PREAMBLE. 

We,  the  PEOPLE  of  the  state  of  Illinois — grateful  to  ALMIGHTY  GOD  for 
the  civil,  political  and  religious  liberty,  which  HE  hath  so  long  permit- 
ted us  to  enjoy,  and  looking  to  HIM  for  a  blessing  upon  our  endeavors 
to  secure  and  transmit  the  same  unimpaired  to  succeeding  generations — 
in  order  to  form  a  more  perfect  government,  establish  justice,  insure 
domestic  tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  constitution  for  the  state  of 
Illinois. 

ARTICLE  I. 

BOUNDARIES. 

Snc'iiON  1.  The  boundaries  and  jurisdiction  of  the  state  shall  be  as 
follows,  to  wit:  Beginning  at  the  mouth  of  the  Wabash  river;  thence  up 
the  same,  and  with  the  line  of  Indiana,  to  the  north-west  corner  of  said 
state;  thence  east,  with.the  line  of  the  same  state,  to  the  middle  of  lake 
Michigan;  thence  north,  along  the  middle  of  said  lake,  to  north  latitude 
forty-two  degrees  anJ  thirty  minutes;  thence  west  to  the  middle  of  the 
Mississippi  river,  and  thenr.edown,  along  the  middle  of  that  river,  to  its 
confluence  with  the  Ohio  river;  and  thence  up  the  latter  river,  along  its 
north-western  shore,  to  the  place  of  beginning;  Provided,  that  this  state 
shall  exercise  such  jurisdiction  upon  the  Ohio  river  as  she  is  now  entitled  to, 
or  such  as  may  hereafter  be  agreed  upon  by  this  state  and  the  state  of 
Kentucky. 


August  31.]      JOURNAL  OF  THE  CONVENTION.  545 

ARTICLE  II. 

CONCERNING  THE  DISTRIBUTION  OF  THE  POWERS  OF  GOVERNMENT. 

SECTION  1.  The  powers  of  the  government  of  the  state  of  Illinois  shall 
be  divided  into  three  distinct  departments,  and  each  of  them  be  confided 
to  a  separate  body  of  magistracy,  to  wit:  Those  which  are  legislative, 
to  one;  those  which  are  executive,  to  another;  and  those  which  are  judi- 
cial, to  another. 

SEC.  2,  No  person,  or  collection  of  persons,  being  one  of  these  de- 
partments, shall  exercise  any  power  properly  belonging  to  either  of  the 
others,  except  as  hereinafter  expressly  directed  or  permitted,  and  all  acts 
in  contravention  of  this  section  shall  be  void. 

ARTICLE  III. 

OP    THE    LEGISLATIVE   DEPARTMENT. 

SECTION  1.  The  legislative  authority  of  this  state  shall  be  vested  in  a 
general  assembly;  which  shall  consist  of  .a  senate  and  house  of  represen- 
tatives, both  to  be  elected  by  the  people. 

SEC.  2.  The  first  election  for  senators  and  representatives  shall  be 
held  on  the  Tuesday  after  the  first  Monday  in  November,  one  thousand 
eight  hundred  and  forty-eight;  and  thereafter,  elections  for  members  of 
the  general  assembly  shall  be  held  once  in  two  years,  on  the  Tuesday 
next  after  the  first  Monday  in  November,  in  each  and  every  county,  at 
such  places  therein  as  may  be  provided  by  law. 

SEC.  3.  No  person  shall  be  a  representative  who  shall  not  have  at- 
tained the  age  of  twenty-five  years;  who  shall  not  be  a  citizen  of  the  Uni- 
ted States,  and  three*  years  an  inhabitant  of  this  state;  who  shall  not 
have  resided  within  the  limits  of  the  county  or  district  in  which  he  shall 
be  chosen  twelve  months  next  preceding  his  election,  if  such  county  or 
district  shall  have  been  so  long  erected;  but  if  not,  then  within  the  limits 
of  the  county  or  counties,  district  or  districts,  out  of  which  the  same  shall 
have  been  taken,  unless  he  shall  have  been  absent  on  the  public  business 
of  the  United  States,  or  of  this  state;  and  who,  moreover,  shall  not  have 
paid  a  stale  or  county  tax. 

SEC.  4.  No  person  shall  be  a  senator  who  shall  not  have  attained  the 
age  of  thirty  years;  who  shall  not  be  a  citizen  of  the  United  States,  five 
years  an  inhabitant  of  this  state,  and  one  year  in  the  county  or  district  in 
which  he  shall  be  chosen  immediately  preceding  his  election,  if  such 
county  or  district  shall  have  been  so  long  erected;  but  if  not,  then  withia 
the  limits  of  the  county  or  counties,  district  or  districts,  out  of  which  the 
same  shall  have  been  taken,  unless  he  shall  have  been  absent  on  the  pub- 
lic business  of  the  United  States,  or  of  this  state,  and  shall  not,  moreover, 
have  paid  a  state  or  county  tax. 

SEC.  5.  The  senators  at  their  first  session  herein  provided  for  shall  be 
divided  by  lot,  as  near  as  can  be.  into  two  classes.  The  seats  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year,  and  those  of 
35 


546  JOURNAL  OF  THE  CONVENTION.          [August  31. 

the  second  class  at  the  expiration  of  the    fourth  year;  so  that  one-half 
thereof,  as  near  as  possible,  may  be  biennially  chosen  forever  thereafter. 

SEC.  6.  The  senate  shall  consist  of  twenty-five  members,  and  the 
house  of  representatives  shall  consist  of  seventy-five  members,  until  the 
population  of  the  state  shall  amount  to  one  million  of  souls,  when  five 
members  may  be  added  to  the  house,  and  five  additional  members  for 
every  five  hundred  thousand  inhabitants  thereafter,  until  the  whole  num- 
ber of  representatives  shall  amount  to  one  hundred;  after  which,  the 
number  shall  neither  be  increased  nor  diminished;  to  be  apportioned 
among  the  several  counties  according  to  the  number  of  white  inhabitants. 
In  all  future  apportionments,  where  more  than  one  county  shall  be  thrown 
into  a  representative  district,  all  the  representatives  to  which  said  coun- 
ties may  be  entitled  shall  be  elected  by  the  entire  district. 

SEC.  7.  No  person  elected  to  the  general  assembly  shall  receive  any 
civil  appointment  within  this  state,  or  to  the  senate  of  the  United  States, 
from  the  governor,  the  governor  and  senate,  or  from  the  general 
assembly,  during  the  term  for  which  he  shall  have  been  elected;  and  all 
such  appointments,  and  all  votes  given  for  any  such  member  for  any  such 
office  or  appointment,  shall  be  void;  nor  shalf  any  member  of  the  general 
assembly  be  interested,  either  directly  or  indirectly,  in  any  contract  with 
the  state,  or  any  county  thereof,  authorized  by  any  law  passed  during 
the  time  for  which  he  shall  have  been  elected,  or  during  one  year  after 
the  expiration  thereof. 

SEC.  8.  In  the  year  one  thousand  eight  hundred  and  fifty-five,  and 
every  tenth  year  thereafter,  an  enumeration  of  all  the  inhabitants  of 
this  state  shall  be  made  in  such  manner  as  shall  be  directed  by  law;  and 
in  the  year  eighteen  hundred  and  fifty,  and  every  tenth  year  thereafter, 
the  census  taken  by  authority  of  the  government  of  the  United  States 
shall  be  adopted  by  the  general  assembly  as  the  enumejation  of  this  state; 
and  the  number  of  senators  and  representatives  shall,  at  the  first  reg- 
ular session  holden  after  the  returns  herein  provided  for  are  made,  be  ap- 
portioned among  the  several  counties  or  districts  to  be  established  by  law, 
according  to  the  number  of  white  inhabitants. 

SEC.  9.  Senatorial  and  representative  districts  shall  be  composed  o 
contiguous  territory  bounded  by  county  lines;  and  only  one  senato 
allowed  to  each  senatorial,  and  not  more  than  three  representatives 
any  representative  district;  Provided,  that  cities  and  towns  containing 
the  requisite  population  may  be  erected  in  to  separate  districts. 

SEC.  10.  In  forming  senatorial  and  representative  districts,  counties 
containing  a  population  of  not  more  than  one-fourth  over  the  existing  ratio 
shall  form  separate  districts,  and  the  excess  shall  be  given  to  the  neares 
county  or  counties  not  having  a  senator  or  representative,  as  the  cas« 
may  be,  which  has  the  largest  white  population. 

SEC.  11.  The  first  session  of  the  general  assembly  shall  commence  or 
the  first  Monday  of  January,  one  thousand  eight  hundred  and  forty-nine 
and  forever  after,  the  general  assembly  shall  meet  on  the  first  Monday  o 
January  next  ensuing  the  election  of  the  members  thereof,  and  at  nc 
other  period,  unless  as  provided  by  this  constitution. 

SEC.  12.  The  senate  and  house  of  representatives,  when  assembled 
shall  each  choose  a  speaker  and  other  officers,  (the  speaker  of  the  senate 


August  31.]        JOURNAL  OF  THE  CONVENTION.  547 

excep  ed.)  Each  house  shall  judge  of  the  qualifications  and  election  of 
its  members,  and  sit  upon  its  own  adjournments  Two-thirds  of  each 
house  shall  constitute  a  quorum;  but  asmaller  number  mny  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members. 

SEC.  13.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish them.  The  yeas  and  najs  of  the  members  on  any  question  shall,  at 
the  desire  of  any  two  of  them,  be  entered  on  the  journals. 

SEC.  14,  Any  two  members  of  either  house  shall  have  liberty  to  dissent 
and  protest  against  any  act  or  resolution,  which  they  may  think  injuri- 
ous to  the  public,  or  to  any  individual,  and  have  the  reasons  of  their  dis- 
sent entered  on  the  journals* 

SEC.  15.  Each  house  may  determine  the  rules  of  its  proceedings,  pun- 
ish its  members  for  disorderly  behavior,  and,  with  the  concurrence  of  two- 
thirds  of  all  the  members  elected,  expel  a  member,  but  not  a  second  time 
for  the  same  cause;  and  the  reason  for  such  expulsion  shall  be  entered  upon 
the  journal,  with  the  names  of  the  members  voting  on  the  question. 

SEC.  16.  When  vacancies  shall  happen  in  either  hou^e,  the  governor, 
or  the  person  exercising  the  powers  of  governor,  shall  issue  writs  of  elec- 
tion to  fill  such  vacancies. 

SEC.  17.  Senators  and  representatives  shall,  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during  the  ses- 
sion of  the  general  assembly,  and  in  going  to  and  returning  from  the 
same;  and  for  any  speech  or  debate  in  either  house,  they  shall  not  be 
questioned  in  any  other  place. 

SEC.  18.  Each  house  may  punish,  by  imprisonment  duringits  session, 
any  person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house, 
by  any  disorderly  or  contemptuous  behavior  in  their  presence;  Provided* 
such  imprisonment  shall  not,  at  any  one  time,  exceed  twenty-four  hours. 

SEC.  19.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  of  the  house  re- 
quire secrecy.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

SEC.  20.  The  style  of  the  laws  of  this  state  shall  be:  "Be  it  enacted  by 
the  People  of  the  state  of  Illinois,  represented  in  the  general  assembly.1" 

SEC.  21.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended,  or  rejected  by  the  other;  and  on  the  final  passage  of  all  bills, 
the  vote  shall  be  by  ayes  and  noes,  and  shall  be  entered  on  the  journal; 
and  no  bill  shall  become  a  law  without  the  concurrence  of  a  majority  of 
all  the  members  elect  in  each  house. 

SEC.  22.  Bills  making  appropriations  for  the  pay  of  the  members  and 
officers  of  the  general  assembly,  and  for  the  salaries  of  the  officers  of  the 
government,  shall  not  contain  any  provision  on  any  other  subject. 

SEC.  23.  Every  bill  shall  be  read  on  three  different  days  in  each  house, 
unless,  in  case  of  urgency,  three-fourths  of  the  house,  where  such  bill  is  so 
depending,  shall  deem  it  expedient  to  dispense  with  this  rule;  and  every 
bill,  having  passed  both  houses,  shall  be  signed  by  the  speakers  of  their 
respective  houses;  and  no  private  or  local  law  which  may  be  passed  by  the 
general  assembly  shall  embrace  more  than  one  subject,  and  that  shall  be 
expressed  in  the  title.  And  no  public  act  of  the  general  assembly  shall 


548  JOURNAL  OF  THE  CONVENTION.      [August  31. 

take  effect  or  be  in  force  until  the  expiration  of  sixty  days  from  the  end  of 
the  session  at  which  the  same  may  be  passed,  unless  in  case  of  emergency 
the  general  assembly  shall  otherwise  direct. 

SEC.  24.  The  sum  of  two  dollars  per  day,  for  the  first  forty-two  days' 
attendance, and  one  dollar  per  day,  for  each  days'  attendance  thereafter, 
and  ten  cents  for  each  necessary  mile's  travel,  going  to  and  returning  from 
the  seat  of  government,  shall  be  allowed  to  the  members  of  the  general 
assembly,  as  a  compensation  for  their  services,  and  no  more.  The  speaker 
of  the  house  of  representatives  shall  be  allowed  the  sum  of  one  dollar 
per  day,  in  addition  to  his  per  diem  as  a  member. 

SEC,  "25.  The  per  diem  and  mileage  allowed  to  each  member  of  the 
general  assembly  shall  be  certified  by  the  speakers  of  their  respective 
houses,  and  entered,  on  the  journals,  and  published  at  the  close  of  ea^b 
session. 

SEC.  26.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law;  and  an  accurate  statement  of  the 
receipts  and  expenditures  of  the  public  money  shall  be  attached  to,  and 
published  with,  the  laws  at  the  rising  of  each  session  of  the  general  as- 
sembly. And  no  person,  who  has  been  or  may  be  a  collector  or  holder  of 
public  moiioys,  shall  be  eligible  to  a  seat  in  either  house  of  the  general  as- 
sembly, nor  be  eligible  to  any  office  of  profit  or  trust  in  this  state,  until 
such  person  shall  have  accounted  for,  and  paid  into  the  treasury,  all  sums 
for  which  he  may  be  accountable. 

SEC.  27.  The  house  of  representatives  shall  have  the  sole  power  of 
impeaching;  but  a  majority  of  all  the  members  elected  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  senate;  and  when 
sitting  for  that  purpose,  the  senators  shall  be  upon  oath,  or  affirmation,  to 
do  justice  according  to  law  and  evidence.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  senators  elected. 

SEC.  28.  The  governor,  and  other  civil  officers  under  this  state,  shall 
be  liable  to  impeachment  for  any  misdemeanor  in  office;  but  judgment  in 
such  cases  shall  not  extend  further  than  to  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honor,  profit,  or  trust,  under  this  state. 
The  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable 
to  indictment,  trial,  judgment,  and  punishment,  according  to  law. 

SEC.  29.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney  general,  attorney  for  the  state,  recorder,  clerk  of  any  court  of 
record,  sheriff  or  collector,  member  of  either  house  of  congress,  or  per- 
son holding  any  lucrative  office  under  the  United  States  or  of  this  state — 
provided  that  appointments  in  the  militia,  or  justices  of  the  peace,  shall 
not  be  considered  lucrative  offices — shall  have  a  seat  in  the  general  assem- 
bly; nor  shall  any  person,  holding  any  office  of  honor  or  profit  under  the 
government  of  the  United  States,  hold  any  office  of  honor  or  profit  under 
the  authority  of  this  state. 

SEC.  30.  Every  person  who  shall  be  chosen  or  appointed  to  any  office 
of  trust  or  profit  shall,  before  entering  upon  the  duties  thereof,  take  an 
oath  to  support  the  constitution  of  the  United  States,  and  of  this  state, 
and  also  an  oath  of  office. 

SEC.  31.  The  general  assembly  shall  have  full  power  to  exclude  from 
the  privilege  of  electing,  or  being  elected,  any  person  convicted  of  bribe- 
ry,  perjury,  or  other  infamous  crime. 


August  31.]        JOURNAL  OF  THE  CONVENTION.  549 

SEC.  32.  The  general  assembly  shall  have  no  power  to  grant  divorces, 
but  may  authorize  the  courts  of  justice  to  grant  them  for  such  causes  as 
may  be  specified  by  law;  Provided,  that  such  laws  be  general  and  uniform 
in  their  operation. 

SEC.  33.  The  general  assembly  shall  never  grant  or  authorize  extra 
compensation  to  any  public  officer,  agent,  servant,  or  contractor,  after  the 
service  shall  have  been  rendered,  or  the  contract  entered  into. 

SEC.  34.  The  general  assembly  shall  direct  by  law  in  what  manner 
suits  may  be  brought  against  the  state. 

SEC.  35.  The  general  assembly  shall  have  no  power  to  authorize  lot- 
teries for  any  purpose,  nor  to  revive  or  extend  the  charter  of  the  state 
bank,  or  the  charter  of  any  other  bank  heretofore  existing  in  this  state, 
and  shall  pass  laws  to  prohibit  the  sale  of  lottery  tickets  in  this  state. 

SEC.  30.  The  general  assembly  shall  have  no  power  to  authorize,  by 
private  or  special  Jaw,  the  sale  of  any  lands  or  other  real  estate  belong- 
ing in  whole  or  in  part  to  any  individual  or  individual?. 

SEC.  37.  Each  general  assembly  shall  provide  for  all  the  appropria- 
tions necessary  for  the  ordinary  and  contingent  expenses  of  the  govern- 
ment until  the  adjournment  of  the  next  regular  session,  the  aggregate 
amount  of  which  shall  not  be  increased  without  a  vote  of  two-thirds  of 
each  house,  nor  exceed  the  amount  of  revenue  authorized  by  law  to  be 
raised  in  such  time;  Provided,  the  state  m«iy,  to  meet  casual  deficits  or  fail- 
ures in  revenues,  contract  debts  never  to  exceed  in  the  aggregate  fifty 
thousand  dollars;  and  the  moneys  thus  borrowed  shall  be  applied  to  the 
purpose  for  which  they  were  obtained,  or  to  re-pay  the  debt  thus  made,  and 
to  no  other  purpose;  and  no  other  debt,  except  for  the  purpose  of  repel- 
lihg  invasion,  suppressing  insurrection,  or  defending  the  state  in  war,  (for 
payment  of  which  the  faith  of  the  state  shall  be  pledged,)  shall  be  con- 
tract d,  unless  the  law  authorizing  the  ?arne  shall,  at  a  general  election, 
have  been  submitted^to  the  pccple,  and  have  received  a  majority  of  all 
the  votes  cast  for  members  of  the  general  assembly  at  such  election.  The 
general  assembly  shall  provide  for  the  publication  of  said  law  for  three 
months  at  least  before  the  vote  of  the  people  shall  be  taken  upon  the 
same;  and  provision  shall  be  made,  at  the  time,  for  the  payment  of  the 
interest  annu'iily,  as  it  shall  accrue,  by  a  tax  "levied  for  the  purpose,  or 
from  other  sources  of  revenue;  which  law,  providing  for  Ihe  payment  of 
such  interest  by  such  tax,  shall  be  irrepealable  until  such  debt  be  paid  ; 
And  provided,  further,  that  the  law  levying  the  tax  snail  be  submitted  to 
the  people  with  the  law  authorizing  the  debt  to  be  contracted. 

SEC.  3$.  The  credit  of  the  state  shall  not,  in  any  manner,  be  given 
to,  or  in  aid  of,  any  individual,  association,  or  corporation. 

SEC.  39.  The  general  assembly  sha'l  provide,  by  law,  that  the  fuel 
and  stationery  furnished  for  the  use  of  the  state,  the  copying,  printing, 
binding,  and  distributing  the  laws  and  journals,  and  all  other  printing  or- 
dered by  the  general  assembly,  shall  be  let,  by  contract,  to  the  lowest  re- 
sponsible bidder;  and  that  no  member  of  the  general  assembly,  or  other 
officer  of  the  state,  shall  be  interested,  either  directly  or  indirectly,  in  any 
ssuch  contract;  Provided,  That  the  general  assembly  may  fix  a  maximum 
price. 

SEC.  40.     Until  there  shall  be  a  new  apportionment  of  senators  and 


550  JOURNAL  OF  THE  CONVENTION.       {August  3L 

representatives,  the  state  shall  be  divided  into  senatorial  and  representa- 
tive districts,  and  the  senators  and  representatives  shall  be  apportioned 
among  the  several  districts,  as  follows,  viz: 

SENATORIAL    DISTRICTS. 

1.  The  counties  of  Alexander,  Union,  Pulaski,  Johnson,  Massac,  Pope, 
and  Hardin  shall  constitute  the  first  senatorial  district,  and  shall  be  enti- 
tled to  one  senator, 

2.  The  counties  of  Gailatin,  Saline,  Williamson,  Franklin,  and  White 
shall  constitute  the  second  senatorial  district,  and  be  entitled  to  one  sena- 
tor. 

3.  The   counties  of  Jefferson,  Wayne,  Marion,  and  Hamilton  shall 
constitute  the  third  senatorial  district,  and  be  entitled  to  one  senator. 

4.  The  counties  of  Washington,  Perry,  Randolph,  and  Jackson  shali 
constitute  the  fourth  senatorial  district,  and  be  entitled  to  one  senator. 

5.  The  counties  of  St.  Glair  and  Monroe  shall  constitute  the  fifth  sena- 
torial district,  and  be  entitled  to  one  senator. 

6.  The  counties  of  Madison  and  Clinton  shall  constitute  the  sixth  sen- 
atorial district,  and  be  entitled  to  one  senator. 

7.  The  counties  of  Christian,  Shelby,   Montgomery,  Bond,  and  Fay- 
ette  sh/tH  constitute  the  seventh  senatorial  district,  and  be  entitled  to  one 
senator. 

8.  The  counties  of  Effingham,  Jasper,  Clay,  Richland,  Lawrence,  Ed- 
wards, and  Wabash  shall  constitute  the  eighth  senatorial  district,  and  be 
entitled  to  one  senator. 

9.  The  counties  of  Edgar,  Clark,  and  Crawford  shall  constitute  the 
ninth  senatorial  district,  and  be  entitled  to  one  senator. 

10.  The  counties  of  Vermilion,  Champaign,  Piatt,   Moultrie,   Coles, 
and  Cumberland  shall  constitute  the  tenth  senatorial  district,  and  be  enti- 
tled to  one  senator. 

I !.  The  counties  of  Tazewell,  McLean,  Logan,  De  Witt,  and  Macon 
shall  constitute  the  eleventh  senatorial  district,  and  be  entitled  to  one  sen- 
ator. 

12.  The  counties  of  Sangamon,  Menard,  and  Mason  shall  constitute 
the  twelfth  senatorial  district,  and  be  entitled  to  one  senator. 

13.  The   counties  of  Maeoupin,  Jersey,  Greene,  and  Calhoun   shall 
constitute  the  thirteenth  senatorial  district,  and  be  entitled  to  one  senator. 

1 1.  The  counties  of  Morgan,  Scott,  and  Cass  shall  constitute  the  four- 
teenth senatorial  district,  and  be  entitled  to  one  senator. 

15.  The  counties  of  Adams  and  Pike  shall  constitute  the  fifteenth  sen- 
atorial district,  and  be  entitled  to  one  senator. 

16.  The  counties  of  McDonough,  Schuyler,  Brown,  and  Highland 
shall  constitute  the  sixteenth   senatorial  district,  and  be   entitled   to  one 
senator. 

17.  The  counties  of  Hancock  and  Henderson  shall  constitute  the  sev- 
enteenth senatorial  district,  and  be  entitled  to"bne  senator. 

18.  The  counties  of  Fulton  and  Peoria  shall  constitute  the  eighteenth 
senatorial  district,  and  be  entitled  to  one  senator. 

19.  The  counties  of  Rock  Island,  Henry,  Mercer,  Warren,  Knoxa 


August  31.]         JOURNAL  OF  THE  CONVENTION.  551 

and  Stark  shall  constitute  the  nineteenth  senatorial  district,  and  be  enti- 
tled to  one  senator. 

20.  The  counties  of  La  Salle,  Bureau,  Putnam,  Marshall,  Woodford? 
Livingston,  and  Grundy  shall  constitute  the  twentieth  senatorial  district, 
and  be  entitled  to  one  senator. 

21.  The  counties  of  Du  Page,  Kendall,  Will,  and  Iroquois  shall  con- 
stitute the  twenty-first  senatorial  district,  and  be  entitled  to  one  senator. 

22.  The  counties  of  Ogle,  Lce,DeKalb,  and  Kane  shall  constitute  the 
twenty-second  senatorial  district,  and  be  entitled  to  one  senator. 

23.  The  counties  of  Jo  Daviess,  Stephenson,  Carroll,  and  Whiteside 
shall  constitute  the  twenty-third  senatorial  district,  and  be  entitled  to  one 
senator. 

24.  The  counties  of  McHenry,  Boone,  and  Winnebago  shall  constitute 
the  twenty-fourth  senatorial  district,  and  be  entitled  to  one  senator. 

25.  The  counties  of  Cook  and  Lake  shall  constitute  the  twenty-fifth 
senatorial  district,  and  be  entitled  to  one  senator. 

REPRESENTATIVE  DISTRICTS. 

1.  The  counties  of  Union,  Alexander,  and  Pulaski  shall  constitute  the 
first  representative  district,  and  be  entitled  to  one  representative. 

2.  The  counties  of  Massac,  Pope,  ami  Hardin  shall  constitute  the  se- 
cond representative  district,  and  be  entitled  to  one  representative. 

3.  The  counties  of  Galiatin  and   Saline  shall  constitute  the  third  re- 
presentative district,  and  be  entitled  to  one  representative. 

4.  The  counties  of  Johnson  and  Williamson  shall  <  onstitute  the  fourth 
representative  district,  and  be  entitled  to  one  representative. 

5.  The  counties  of  Jackson  and  Franklin  shall  constitute  the  fifth  re- 
presentative district,  and  be  entitled  to  one  representative. 

6.  The   counties  of  Marion,  Jefferson,  Wayne,  and  Hamilton  shall 
constitute  the  sixth  representative  district,  and  be  entitled  to  three  repre- 
sentatives; Provided,  that  no  county  in  said  district  shall  have  more  than 
one  of  said  representatives,  and  the  county  from  which  a  senator  shall  be 
selected  shall  not  be  entitled  to  a  representative  residing  in  said^county. 

7.  The  county  of  White  shall  constitute  the  seventh  representative 
district,  and  be  entitled  to  one  representative. 

8.  The  counties  of  Wabash  and  Edwards  shall  constitute  the  eighth 
representative  district,  and  be  entitled  to  one  representative. 

9.  The  counties  of  Lawrence  and  Richland  shall  constitute  the  ninth 
representative  district,  and  be  entitled  to  one  representative. 

10.  The  counties  of  Crawford  and  Jasper  shall  constitute  the  tenth 
representative  district,  and  be  entitled  to  one  representative. 

11.  The  county  of  Coles  shall  constitute  the  eleventh  representative 
district,  and  be  entitled  to  one  representative. 

12.  The  county  of  Clark  shall  constitute  the  twelfth  representative 
district,  and  be  entitled  to  one  representative. 

13.  The  counties  of  Cumberland,  Effingham,  and  Clay  shall  constitute 
the  thirteenth  representative  district,  and  be  entitled  to  one  representa- 
tive. 


OP  THK 

UNIVERSITY 


552  JOURNAL  OF  THE  CONVENTION.       [August  31. 

14.  The  county  of  Fayette  shall  constitute  the  fourteenth  representa- 
tive district,  and  ba  entitled  to  one  representative. 

15.  The  counties  of  Montgomery, Bond,  and  Clinton  shall  constitute 
the  fifteenth  representative  district,  and    be  entitled  to  two  representa- 
tives. 

16.  The  counties  of  Washington  and   Perry  shall  constitute  the  six- 
teenth representative  district,  and  be  entitled  to  one  representative. 

17.  The  county  of  Randolph  shall  constitute   the  seventeenth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

18.  The  county  of  Monroe  shall  constitute  the  eighteenth  representa- 
tive district,  and  be  entitled  to  one  representative. 

19.  The  county  of  Saint  Clair  shall  constitute  the  nineteenth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

20.  The  county  of  Madison  shall  constitute  the  twentieth  representa- 
tive district,  and  be  entitled  to  two  representatives. 

21.  The  county  of  Macoupin  shall  constitute  the  twenty-first  represen- 
tative district,  and  be  entitled  to  one  representative  district. 

22.  The  counties  of  Jersey  and  Greene  shall  constitute  the  twenty- 
second  representative  district,  and  be  entitled  to  two  representatives. 

23.  The  county  of  Scott  shall  constitute  the  twenty-third  representa- 
tive district,  and  be  entitled  to  one  representative. 

24.  The  county  of  Morgan  shall  constitute  the  twenty  fourth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

25.  The  counties  of  Cass  and  jVfenard  shall  constitute  the  twenty-fifth 
representative  district,  and  be  entitled  to  one  representative. 

26.  The  county  of  Sangamon  shal/  constitute  the  twenty-sixth  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

27.  The  counties  of  Mason  and  Logan   shall  constitute  the  twenty- 
seventh  representative  district,  and  be  entitled  to  one  representative. 

28.  The  county  of  Tazewell  shall  constitute  the  twenty-eighth  repre- 
sentative district,  and  be  entitled  to  one  representative. 

29.  The  counties  of  McLean  and  De  Witt  shall  constitute  the  twenty- 
ninth  representative  district,  and  be  entitled  to  one  representative. 

30.  The  county  of  Vermilion  shall  constitute  the  thirtieth  representa- 
tive district,  and  be  entitled  to  one  representative. 

31.  The  county  of  Edgar  shall  constitute   the  thirty-first  representa- 
tive district,  and  be  entitled  to  one  representative. 

32.  The  counties  of  Champaign,  Piatt,  Moultrie,  and  Macon  shall  con- 
stitute the  thirty-second  representative  district,  and  be  entitled  to  one  re- 
presentative. 

33.  The  counties  of  Shelby  and  Christian  shall  constitute  the  thirty- 
third  representative  district,  and  be  entitled  to  one  representative. 

34.  The  counties  of  Pike  and  Calhoun  shall  constitute  the  thirty-fourth 
representative  district,  and  be  entitled  to  two  representatives. 

35.  The  counties  of  Adams,  Highland,  and   Brown    shall   constitute 
the  thirty-fifth  representative  district,  arid  be  entitled  to  three  representa- 
tives. 

3f».     The  county  of  Schuyler  shall  constitute  the  thirty-sixth  represen- 
tative district,  and  be  entitled  to  one  representative. 


August  31.]      JOURNAL  OF  THE  CONVENTION.  553 

37.  The  county  of  Hancock  shall  constitute  the  thirty-seventh  repre- 
sentative district,  and  be  entitled  to  two  representatives. 

38.  The  county  of  McDonough  shall  constitute  the  thirty-eighth  re- 
presentative district,  and  be  entitled  to  one  representative. 

39.  The  county  of  Fulton  shall  constitute  the  thirty-ninth  representa- 
tive district,  and  be  entitled  to  two  representatives. 

40.  The  county  of  Peoria  shall  constitute  the  fortieth  representative 
district,  and  be  entitled  to  one  representative. 

41.  The  county  of  Knox  shall  constitute  the  forty-first  representative 
district,  and  be  entitled  to  one  representative. 

42.  The  counties  of  Mercer,  Warren,  and  Henderson  shall  constitute 
the  forty  second  representative  district,  and  be  entitled  to  two  represen- 
tatives. 

43.  The  counties  of  Rock  Island,  Henry,  and  Stark   shall   constitute 
the  forty-third  representative  district,  and  be  entitled   to  one  representa- 
tive. 

44.  The  counties  of  Whiteside   and  Lee  shall   constitute  the   forty- 
fourth  representative  district,  and  be  entitled  to  one  representative. 

4f>.  The  counties  of  Carroll  and  Ogle  shall  constitute  the  forty-fifth 
representative  district,  and  be  entitled  to  one  representative. 

40.  The  counties  of  Jo  D.sviees  and  Stephenson  shall  constitute  the 
forty-sixth  representative  district,  and  be  entitled  to  two  representatives. 

47.  The  county  of  Winnebago  shall  constitute  the  forty-seventh   re- 
presentative district,  and  be  entitled  to  one  representative. 

48.  The  counties  of  Putnam,  Marshall,  and  Wood  ford  shall  constitute 
the  forty-eighth  represenlative  district,  and  be  entitled  to  one  representa- 
tive. 

49.  The  county  of  La  Sal !e,  Grundy,  Livingston,  and   Bureau  shall 
constitute  the  forty-ninth  representative  distiict.  and   be  entitled   to  two 
representatives. 

50.  The  counties  of  Du  Page,  Kendall,  Will,  and  Iroquois  shall  consti- 
tute the  fiftieth  representative  district,  and  be  entitled  to  three  represen- 
tatives. 

51.  The  counties  of  Kane  and   DeKalb  shall   constitute  the  fifty-first 
representative  district,  and  be  entitled  to  two  representatives. 

5*2.  The  counties  of  Boone  and  McHenry  shall  constitute  the  fifty- 
second  lepresentative  district,  and  be  entitled  to  two  representatives. 

53.  The  county  of  Lake  shall  constitute  the  fifty-third  representative 
district,  and  be  entitled  to  one  representative. 

54.  The  county  of  Cook  shall  constitute  the  fifty-fourth  representative 
district,  and  be  entitled  to  two  representatives. 

SEC.  41.  Until  the  general  assembly  shall  otherwise  provide,  the  clerks 
of  the  county  commissioners'  courts  in  each  of  the  aforesaid  senatorial 
districts,  and  in  such  of  the  representative  districts  as  may  be  com- 
posed of  more  than  one  county,  shall  meet  at  the  county  seat  of  tLe  old- 
est county  in  said  district,  within  thirty  days  next  after  any  election  for 
senator  or  representative  therein,  for  the  purpose  of  comparing  and  can- 
vassing the  votes  given  at  such  election;  nnd  the  said  clerks  shall  in  all 
other  respects  conform  to  the  laws  on  the  subject  in  force  at  the  time  of 
the  adoption  of  this  constitution. 


554  JOURNAL  OF  THE  CONVENTION.        [August  31. 

ARTICLE  IV. 

OF    THE    EXECUTIVE    DEPARTMENT. 

SECTION  1.  The  executive  power  of  the  state  shall  be  vested  in  a 
governor. 

SEC.  2.  The  first  election  of  governor  shall  be  held  on  Tuesday  next 
after  the  first  Monday  in  November,  A.  D.  1848;  and  the  next  efection 
shall  be  held  on  Tuesday  next  after  the  first  Monday  of  November, 
A.  D.  185!2;  and  thereafter  an  election  for  governor  shall  be  held  once  in 
four  years,  on  Tuesday  next  after  the  first  Monday  of  November.  The 
governor  shall  be  chosen  by  the  electors  of  the  members  of  the  general 
assembly,  at  the  same  places  and  in  the  same  manner  that  they  shall  re- 
spectively, vote  for  members  thereof.  The  returns  for  every  election  of 
governor  shall  be  sealed  up,  and  transmitted  to  the  seat  of  government, 
by  the  returning  officers,  directed  to  the  speaker  of  the  house  of  n  >re- 
sentatives,  who  shall  open  and  publish  them  in  the  presence  of  a  mnjo  ity 
of  the  members  of  each  house  of  the  general  assembly.  The  person  hav- 
ing the  highest  number  of  votes  shall  be  governor;  but  if  two  or  u;ore 
be  equal  and  highest  in  votes,  then  one  of  them  shall  be  chosen  governor 
by  joint  ballot  of  both  houses  of  the  general  assembly.  Contested  lec- 
tions shall  be  determined  by  both  houses  of  the  general  assembly,  in  such 
manner  as  shall  be  prescribed  by  law. 

SEC.  3.  The  first  governor  shall  enter  upon  the  duties  of  his  office  on 
the  second  Monday  of  January,  A.  D.  1849,  and  shall  hold  his  oiHcf  until 
the  second  Monday  of  January,  A.  D.  1853,  and  until  his  successor  shall 
have  been  elected  and  qualified;  and  thereafter  the  governor  shall  hold 
his  office  for  the  term  of  four  years,  and  until  his  successor  shall  have 
been  elected  and  qualified;  but  he  shall  not  be  eligible  to  such  office  i  ;ore 
than  four  years  in  any  term  of  eight  years,  nor  to  any  other  office  until 
after  the  expiration  of  the  term  for  which  he  was  elected. 

SEC.  4.  No  person  except  a  citizen  of  the  United  States  shall  be 
eligible  to  the  office  of  governor;  nor  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  the  age  of  thirty-five  years,  and  been 
ten  years  a  resident  of  this  state,  and  fourteen  years  a  citizen  of  the 
United  States. 

SEC.  5.  The  governor  shall  reside  at  the  seat  of  government,  and 
receive  a  salary  of  fifteen  hundred  dollars  per  annum,  winch  shall  not  be 
increased  or  diminished;  and  he  shall  not,  during  the  time  for  whic.i  he 
shall  have  been  elected,  receive  any  emolument  from  the  United  Slates, 
or  either  of  them. 

SEC.  6.  Before  he  enters  upon  the  duties  of  his  office,  he  shall  take 
the  following  oath  or  affirmation,  to  wit:  "  I  do  solemnly  swear  (or  aii'rm) 
that  I  will  faithfully  execute  the  duties  appertaining  to  the  office  of  gov- 
ernor of  the  state  of  Illinois;  and  will,  to  the  best  of  my  ability,  preserve, 
protect,  and  defend  the  constitution  of  this  state;  and  will,  also,  support 
the  constitution  of  the  United  States." 

SEC.  7.  He  shall,  from  time  to  time,  give  the  general  assembly  infor- 
mation of  the  state  of  the  government,  and  recommend  to  their  cons  der- 
ation such  measures  as  he  shall  deem  expedient. 


August  31.-]          JOURNAL  OF  THE  CONVENTION.  555 

SEC.  8.  The  governor  shall  have  power  to  grant  reprieves,  commuta- 
tions, and  pardons,  after  conviction,  for  all  offences,  except  treason  and 
cases  of  impeachment,  upon  such  conditions  and  with  such  restrictions 
and  limitations  as  he  may  think  proper,  subject  to  such  regulations 
as  may  be  provided  by  law  relative  to  the  manner  of  applying  for  par- 
dons. Upon  conviction  for  treason,  he  shall  have  power  to  suspend  the 
execution  of  the  sentence  until  the  case  shall  be  reported  to  the  general 
assembly  at  its  next  meeting,  when  the  general  assembly  shall  pardon 
the  convict,  commute  the  sentence,  direct  the  execution  thereof,  or  grant 
a  further  reprieve.  He  shall,  biennially,  communicate  to  the  general 
assembly  each  case  of  reprieve,  commutation,  or  pardon  granted,  stating 
the  name  of  the  convict,  the  crime  for  which  he  was  convicted,  the  sen- 
tence and  its  date,  arid  the  date  of  commutation,  pardon,  or  reprieve. 

SEC.  9.  He  may  require  information  in  writing  from  the  officers  in 
the  executive  department,  upon  any  subject  relating  to  the  duties  of  their 
respective  offices,  and  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  10.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly  by  proclamation,  and  shall  state  in  said  proclamation  the  pur- 
pose for  which  they  are  to  convene ;  and  the  general  assembly  shall  enter 
on  no  legislative  business  except  that  for  which  they  were  specially  called 
together. 

SEC.  11.  He  shall  be  commander  in-chief  of  the  army  and  navy  of 
this  state,  and  of  the  militia,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

SEC.  12.  The  governor  shall  nominate  and,  by  and  with  the  advice  and 
consent  of  the  senate  (a  majority  of  all  the  senators  concurring,)  appoint 
all  officers  whose  offices  are  established  by  this  constitution,  or  which  may 
be  created  by  law,  and  whose  appointments  are  not  otherwise  provided 
for ;  and  no  such  officer  shall  be  appointed  or  elected  by  the  general 
assembly. 

SEC.  13.  Jn  case  of  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  the  governor  shall  have  power  to  adjourn 
the  general  assembly  to  such  time  as  he  thinks  proper,  provided  it  be  not 
to  a  period  beyond  the  next  constitutional  meeting  of  the  same. 

SEC.  14.  A  lieutenant  governor  shall  be  chosen  at  every  election  of 
governor,  in  the  same  manner,  continue  in  office  for  the  same  time,  and 
possess  the  same  qualifications.  In  voting  for  governor  and  lieutenant 
governor,  the  electors  shall  distinguish  whom  they  vote  for  as  governor, 
and  whom  as  lieutenant  governor. 

SEC.  15.  The  lieutenant  governor  shall,  by  virtue  of  his  office,  be 
speaker  of  the  senate,  have  a  right,  when  in  committee  of  the  whole,  to 
debate  and  vote  on  all  subjects,  and,  whenever  the  senate  are  equally 
divided,  to  give  the  casting  vote. 

SEC.  16.  Whenever  the  government  shall  be  administered  by  the  lieu- 
tenant governor,  or  he  shall  be  unable  to  attend  as  speaker  of  the  senate, 
the  senators  shall  elect  one  of  their  own  number  as  speaker  for  that  occa- 
sion; and  if,  during  the  vacancy  of  the  office  of  governoi,  the  lieutenant 
governor  shall  be  impeached,  removed  from  office,  refuse  to  qualify,  or 
resign  or  die,  or  be  absent  from  the  state,  the  speaker  of  the  senate  shall, 
in  like  m^;mer,  administer  the  government. 


556  JOURNAL  OF  THE  CONVENTION.       [August  31. 

SEC.  17.  The  lieutenant  governor,  while  he  acts  as  speaker  of  the 
senate,  shall  receive  for  his  services  the  same  compensation  which  shall, 
for  the  same  period,  be  allowed  to  the  speaker  of  the  hou?e  of  represen- 
tatives, and  no  more. 

SEC.  18.  If  the  lieutenant  governor  shall  be  called  upon  to  administer 
the  government,  and  shall,  while  in  such  administration,  resign,  die,  or  be 
absent  from  the  state,  during  the  recess  of  the  general  assembly,  it  shall 
be  the  duty  of  the  secretary  of  state,  for  the  time  being,  to  convene  the 
senate  for  the  purpose  of  choosing  a  speaker. 

SEC.  19.  In  case  of  the  impeachment  of  the  governor,  his  absence 
from  the  state,  or  inability  to  discharge  the  duties  of  his  office,  the  pow- 
ers, duties,  and  emoluments  of  the  office  shall  devolve  upon  the  lieutenant 
governor;  and  in  ca.se  of  his  death,  resignation,  or  removal,  then  upon 
the  speaker  of  the  senate  for  the  time  being,  until  the  governor,  absent 
or  impeached, shall  retirn  or  be  acquitted;  or  until  the  disqualification  or 
inability  shall  cease;  or  until  a  new  governor  shall  be  elected  and  qual- 
ified. 

SRC.  *2Q.  In  case  of  a  vacancy  in  the  office  of  governor,  for  any  other 
cause  than  those  herein  enumerated,  or  in  case  of  the  death  of  the  sjov- 
ernor  elect  before  he  is  qualified,  the  powers,  duties,  and  emoluments  of 
the  office  shall  devolve  upon  the  lieutenant  governor,  or  speaker  of  the 
senate,  as  above  provided,  until  a  new  governor  be  elected  and  qualified. 

SEC.  W21»  Every  bill  which  shall  have  passed  the  senate  and  house  of 
representatives  shall,  before  it  becomes  a  law,  he  presented  to  the  gover- 
nor; if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it.  with  his 
objections,  to  the  house  in  which  it  shall  have  originated;  and  the  said 
house  shall  enter  the  objections  at  large  on  their  journal,  and  proceed  to 
reconsider  it.  If,  after  such  reconsideration,  a  majority  of  the  members 
elected  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  ob- 
jections, to  the  other  house,  by  which  it  shall  likewise  be  reconsidered; 
and  if  approved  by  a  majority  of  the  members  elected,  it  shall  become  a 
law,  notwithstanding  the  objections  of  the  governor;  but  in  al!  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  to  be  en- 
tered on  the  journal  of  each  house,  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law,  in  like  roa-ner 
as  if  he  had  signed  it,  unless  the  general  assembly  shall,  by  their  adjourn- 
ment,  prevent  its  return;  in  which  case,  the  said  bill  shall  be  returned  on 
the  first  day  of  the  meeting  of  the  general  assembly  after  the  expiration 
of  said  ten  days,  or  be  a  law. 

SEC.  *£2.  There  shall  be  elected  by  the  qualified  electors  of  this  state, 
at  the  same  time  of  the  election  for  governor,  a  secretary  of  state,  whose 
term  of  ofKce  shall  be  the  same  as  that  of  the  governor,  who  ?h;ill  keep  a 
fair  register  of  the  official  acts  of  the  governor,  and,  when  required,  >hall 
lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative  thereto,  before 
either  branch  of  the  geneial  assembly,  and  shall  perform  such  other  <Juiies 
as  shall  be  assigned  him  by  law,  and  shall  receive  a  salary  of  eight  hun- 
dred dollars  per  annum,  and  no  more,  except  fees;  Provided,  that  if  the 
office  of  secretary  of  state  should  be  vacated  by  death,  resignation,  or 


August  SI.]       JOURNAL  OF  THE  CONVENTION.  557 

otherwise,  it  shall  be  the  duty  of  the  governor  to  appoint  another,  who 
shall  hold  his  office  until  another  secretary  shall  be  elected  and  qualified. 

SEC.  23.  There  §hall  be  chosen,  by  the  qualified  electors  throughout 
the  state,  an  auditor  of  public  accounts,  who  shall  hold  his  office  for  the 
term  of  four  years,  and  until  his  successor  is  qualified,  and  whose  duties 
shall  be  regulated  by  law,  and  who  shall  receive  a  salary,  exclusive  of 
clerk  hire,  of  one  thousand  dollars  per  annum,  for  his  services,  and  no 
more. 

SEC.  24.  There  shall  be  elected,  by  the  qualified  electors  throughout 
the  state,  a  state  treasurer,  who  shall  hold  his  office  for  two  years,  and 
until  his  successor  is  qualified;  whose  duties  may  be  regulated  bylaw, 
and  who  shall  receive  a  salary  of  eight  hundred  dollars  per  annum,  and 
no  more. 

Sfcc.  25.  AH  grants  and  commissions  shall  be  sealed  with  the  great 
seal  of  state,  signed  by  the  governor  or  person  administering  the  govern- 
ment, and  countersigned  by  the  secretary  of  state. 

SEC.  26.  The  governor  and  all  other  civil  officers  shall  be  liable  to 
impeachment  for  misdemeanor  in  office,  during  their  continuance  in  office, 
and  for  two  years  thereafter. 

ARTICLE   V. 

OF  THE  JUDICIARY  DEPARTMENT. 

SECTION!.  The  judicial  power  of  this  state  shall  be,  and  is  hereby, 
vested  in  one  supreme  court,  in  circuit  courts,  in  county  courts,  and  in 
justices  of  the  peace;  Provided,  that  inferior  local  courts,  of  civil  and 
criminal  jurisdiction,  may  be  established  by  the  general  assembly  in  the 
cities  of  this  state,  but  such  courts  shall  have  a  uniform  organization  and 
jurisdiction  in  such  Cities. 

SEC.  2.  The  supreme  court  shall  consist  of  three  judges,  two  of  whom 
shall  form  a  quorum;  and  the  concurrence  of  two  of  said  judges  shall  in 
all  cases  be  necessary  to  a  decision. 

SEC.  3.  The  state  shall  be  divided  into  three  grand  divisions,  as  nearly 
equal  as  may  be,  and  the  qualified  electors  of  each  division  shall  elect 
one  of  the  said  judges  for  the  term  of  nine  years;  Provided,  that  after  the 
first  election  of  such  judges,  the  general  assembly  may  have  the  power 
to  provide  by  law  for  their  election  by  the  whole  state,  or  by  divisions, 
as  they  may  deem  most  expedient. 

SEC.  4.  The  office  of  one  of  said  judges  shall  be  vacated,  after  the 
first  election  held  under  this  article,  in  three  years;  of  one,  in  six  years; 
and  of  one,  in  nine  years;  to  be  decided  by  lot,  so  that  one  of  said  judges 
shall  be  elected  once  in  every  three  years.  The  judge  having  the  longest 
term  to  serve  shall  be  the  first  chief  justice;  after  which,  the  judge  having 
the  oldest  commission  shall  be  chief  justice. 

SEC.  5.  The  supreme  court  may  have  original  jurisdiction  in  cases  re- 
lative to  the  revenue,  in  cases  of  mandamus,  habeas  corpus,  and  in  such 
cases  of  impeachment  as  may  be  by  law  directed  to  be  tried  before  it,  and 
shall  have  appellate  jurisdiction  in  all  other  cases. 

SEC.  6.    The  supreme  court  shall  hold  one  term  annually  in  each  of 


558  JOURNAL  OF  THE  CONVENTION.       [August  31. 

the  aforesaid  grand  divisions,  at  such  time  and  place,  in  each  of  said  divis- 
ions, as  may  be  provided  for  by  law. 

SEC.  7.  The  state  shall  be  divided  into  nine  judicial  districts;  in  each 
of  which  one  circuit  judge  shall  be  elected  by  the  qualified  electors  there- 
of, who  shall  hold  his  office  for  the  term  of  six  years,  and  until  his  succes- 
sor shall  be  commissioned  and  qualified;  Provided,  that  the  general  as- 
sembly may  increase  the  number  of  circuits  to  meet  the  future  exigencies 
of  the  state. 

SEC.  8.  There  shall  be  two  or  more  terms  cf  the  circuit  court  held, 
annually,  in  each  county  of  this  state,  at  such  times  as  shall  be  provided 
by  law,  and  said  courts  shall  have  jurisdiction  in  all  cases  at  law  and 
equity,  and  in  all  cases  of  appeals  from  all  inferior  courts. 

SEC.  9.  All  vacancies  in  the  supreme  and  circuit  courts  shall  be  filled 
by  election  as  aforesaid;  Provided,  however,  that  if  the  unexpired  term 
does  not  exceed  one  year,  such  vacancy  may  be  filled  by  executive  ap- 
pointment. 

SEC.  10.  The  judges  of  the  supreme  court  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum,  payable  quarterly,  and  no  more.  The 
judges  of  the  circuit  courts  shall  receive  a  salary  of  one  thousand  dollars 
per  annum,  payable  quarterly,  and  no  more.  The  judges  of  the  supreme 
and  circuit  courts  shall  not  be  eligible  to  any  other  office  or  public  trust, 
of  profit,  in  this  state,  or  the  United  States,  during  the  term  for  which  they 
are  elected,  nor  for  one  year  thereafter.  All  votes  for  cither  of  them  for 
any  elective  office,  (except  that  of  judge  of  the  supreme  or  circuit  court,) 
given  by  the  general  assembly,  or  the  people,  shall  be  void. 

SEC.  11.  No  person  shall  be  eligible  to  the  office  of  judge  of  any  court 
of  this  state  who  is  not  a  citizen  of  the  United  States,  and  who  shall  not 
have  resided  in  this  state  five  years  next  preceding  his  election,  and  who 
shall  not  for  two  years  next  preceding  his  election  have  resided  in  the  di- 
vision, circuit,  or  county  in  which  he  shall  be  elected;  nor  shall  any  per- 
son be  elected  judge  of  the  supreme  court  who  shall  be,  at  the  time  oi 
his  election,  under  the  age  of  thirty-five  years;  and  no  person  shall  be 
eligible  to  the  office  of  judge  of  the  circuit  court  until  he  shall  have  at- 
tained the  age  of  thirty  years. 

SEC.  12.  For  any  reasonable  cause,  to  be  entered  on  the  journals  of 
each  house,  which  shall  not  be  sufficient  ground  for  impeachment,  both 
justices  of  the  supreme  court,  and  judges  of  the  circuit  court,  shall  be  re- 
moved from  office,  on  the  vote  of  two-thirds  of  the  members  elected  to 
each  branch  of  the  general  assembly;  Provided,  always,  that  no  member 
of  either  house  of  the  general  assembly  shall  be  eligible  to  till  the  vacancy 
occasioned  by  such  removal;  Provided^  also,  that  no  removal  shall  be  made 
unless  the  justice  or  judge  complained  of  shall  have  been  served  with  a 
copy  of  the  complaint  against  him,  and  shall  have  an  opportunity  of  being 
heard  in  his  defence. 

SEC.  13.  The  first  election  for  justices  of  the  supreme  court  and 
judges  of  the  circuit  courts  shall  be  held  on  the  first  Monday  of  Septem- 
ber, 1848. 

SEC.  14.  The  second  election  for  one  justice  of  the  supreme  court 
shall  be  held  on  the  first  Monday  of  June,  1852;  and  every  three  years 
thereafter  an  election  shall  be  held  for  one  justice  of  the  supreme  court* 


August  31.]       JOURNAL  OF  THE  CONVENTION.  559 

SEC.  15.  On  the  first  Monday  of  June,  1855,  and  every  sixth  year 
thereafter,  an  election  shall  be  held  for  judges  of  the  circuit  courts;  Provi- 
ded, whenever  an  additional  circuit  is  created,  such  provision  may  he 
made  as  to  hold  the  second  election  of  such  additional  judge  at  the  regu- 
lar elections  herein  provided. 

SEC-,  16.  There  shall  be,  in  each  county,  a  court,  to  be  called  a  coun- 
ty court. 

SEC.  17.  One  county  judge  shall  be  elected  by  the  qualified  voters  of 
each  county,  who  shall  hold  his  office  for  four  years,  and  until  his  succes- 
sor is  elected  and  qualified. 

SEC.  18.  The  jurisdiction  of  said  £ourt  shall  extend  to  all  probate  and 
such  other  jurisdiction  as  the  general  assembly  may  confer  in  civil  cases, 
and  such  criminal  cases  as  may  be  prescribed  by  law,  where  the  punish- 
ment is  by  fine  only,  not  exceeding  one  hundred  dollars. 

SEC.  19.  The  county  judge,  with  such  justices  of  the  peace  in  each 
county  as  may  be  designated  by  law,  shall  hold  terms  for  the  transaction 
of  county  business,  and  shall  perform  such  other  duties  as  the  general  as- 
sembly shall  prescribe;  Provided,  the  general  assembly  may  require  that 
two  justices,  to  be  chosen  by  the  qualified  electors  of  each  county,  shall 
sit  with  the  county  judge  in  all  cases;  and  there  shall  be  elected,  quad- 
rennially, in  each  county,  a  clerk  of  the  county  court,  who  shall  be  ex 
officio  recorder,  whose  compensation  shall  be  fees;  Provided,  the  general 
assembly  may,  by  law,  make  the  clerk  of  the  circuit  court  x  officio  recor- 
der, in  lieu  of  the  county  clerk. 

SEC.  "20.  The  general  assembly  shall  provide  for  the  compensation  of 
the  county  judge. 

SEC.  21.  The  clerks  of  the  supreme  and  circuit  courts,  and  state's  at- 
torneys, shall  be  elected  at  the  first  special  election  for  judges.  The 
second  election  for  clerks  of  the  supreme  court  shall  be  held  on  the  first 
Monday  of  June,  1855,  and  every  sixth  year  thereafter.  The  second 
election  for  clerks  ofnhe  circuit  courts,  and  state's  attorneys,  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  of  November,  1852,  and  every 
fourth  year  thereafter. 

SEC.  2*2.  All  judges  and  state's  attorneys  shall  be  commissioned  by 
the  governor. 

SEC.  '23.  The  election  of  all  officers,  and  the  filling  of  all  vacancies 
that  may  happen  by  death,  resignation,  or  removal,  not  otherwise  di- 
rected or  provided  for  by  this  constitution,  shall  be  made  in  such  man- 
ner as  the  general  assembly  shall  airect;  Provided,  that  no  such  officer 
shall  be  elected  by  the  general  assembly. 

SEC.  '24.  The  general  assembly  may  authorize  the  judgments,  decrees, 
and  decisions  of  any  local,  inferior  court  of  record,  of  original,  civil,  or 
criminal  jurisdiction,  established  in  a  city,  to  be  removed,  for  revision,  di- 
rectly into  the  supreme  court. 

SEC.  '25.  County  judges,  cleiks,  sheriffs,  and  other  county  officers,  for 
wilful  neglect  of  duty,  or  misdemeanor  in  office,  shall  be  liable  to  present- 
ment or  indictment  by  a  grand  jury,  and  trial  by  a  petit  jury,  and,  upon 
conviction,  shall  be  removed  from  office. 

SEC.  26.  All  process,  writs,  and  other  proceedings  shall  run  in  the 
name  of  "  The  people  of  the  state  of  Illinois.'"  All  prosecutions  shall  be 


5GO  JOURNAL  OF  THE  CONVENTION.       [August  31. 

carried  on  "  In  the  name   and  by  the  authority  of  the  people  of  the  state  of 
Illinois"  and  conclude,  "  Against  the  peace  and  dignity  of  the  same." 

SEC.  27.  There  shall  be  elected  in  each  county  in  this  state,  in  such 
districts  as  the  general  assembly  may  direct,  by  the  qualified  electors 
thereof,  a  competent  number  of  justices  of  the  peace,  who  shall  hold 
their  offices  for  the  term  of  four  years,  and  until  their  successors  shall 
have  been  elected  and  qualified,  and  who  shall  perform  such  duties,  re- 
ceive such  compensation,  and  exercise  such  jurisdiction  as  may  be  pre- 
scribed bylaw. 

SEC.  28.  There  shall  be  elected  in  each  of  the  judicial  circuits  of  this 
state,  oy  the  quaJified  electors  thereof,  one  state's  attorney,  who  shall  hold 
his  office  for  the  term  of  four  years,  and  until  his  successor  shall  be  com- 
missioned and  qualified;  who  shall  perform  such  duties  and  receive  such 
compensation  as  may  be  prescribed  by  law;  Provided,  that  the  general  as- 
sembly may  hereafter  provide  by  law  for  the  election,  by  the  qualified 
voters  of  each  county  in  this  state,  of  one  county  attorney  for  each  county, 
in  lieu  of  the  state's  attorneys,  provided  for  in  this  section;  the  term  of  office, 
duties,  and  compensation  of  which  county  attorneys  shall  be  regulated  by 
law. 

SEC.  29.  The  qualified  electors  of  each  county  in  this  state  shall  elect  a 
clerk  of  the  circuit  court,  who  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  shall  have  been  elected  and  qualified;  who 
shall  perform  such  duties  and  receive  such  compensation  as  may  be  pre- 
scribed by  law.  The  clerks  of  the  supreme  court  shall  be  elected,  in  each 
division,  by  the  qualified  electors  thereof,  for  the  term  of  six  years,  and 
until  their  successors  shall  have  been  elected  and  qualified;  whose  duties 
and  compensation  shall  be  provided  by  law. 

SEC.  30.  The  first  grand  division,  for  the  election  of  judges  of  the  su- 
preme court,  shall  consist  of  the  counties  of  Alexander,  Pulaski,  Massac, 
Pope,  Hardin,  Gallatin,  Saline,  Williamson,  Johnson,  Union,  Jackson, 
Randolph,  Perry,  Franklin,  Hamilton,  White,  Wabash,  Edwards,  Wayne, 
Jefferson,  Washington,  Monroe,  Saint  Clair,  Clinton,  Marion,  Clay,  Rich- 
land,  Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Bond,  Madison, 
Jersey,  and  Calhoun. 

The  second  grand  division  shall  consist  of  the  counties  of  Edgar,  Coles, 
Moultrie,  Shelby,  Montgomery,  Macoupin,  Greene,  Pike,  Adams,  High- 
land, Hancock,  McDonough,  Schuyler,  Brown,  Fulton,  Mason,  Cass, 
Morgan,  Scott,  Sangamon,  Christian,  Macon,  Piatt,  Champaign,  Vermil- 
ion, UeWitt,  Logan,  Menard,  Cumberland,  and  Clark. 

The  third  grand  division  shall  consist  of  the  counties  of  Henderson,War- 
ren,  Knox,  Peoria,  Tazewell,  Woodford,  McLean,  Livingston,  Iroquois, 
Will,  Grundy,  Kendall,  LaSalle,  Putnam,  Marshall,  Stark,  Bureau,  Henry, 
Mercer,  Rock  Island,  Whiteside,  Lee,  Carroll,  Jo  Daviess,  Stephenson, 
Winnebago,  Ogle,  DeKalb,  Boone,  Kane,  McHenry,  Lake,  Cook,  and  Du 
Page. 

SEC.  31.  The  terms  of  the  supreme  court  for  the  first  division  shall  be 
held  nt  Mount  Vernon,  in  Jefferson  county;  for  the  second  division,  at 
Springfield,  in  S  ingamon  county;  for  the  third  division, at  Ottawa,  in  La 
Salle  county,  until  some  other  place  in  either  division  is  fixed  by  law. 

&EC.  32.     Appeals  and  writs  of  error  may  be  taken  from  the  circuit 


August  31.]        JOURNAL  OF  THE  CONVENTION.  561 

court  of  any  county  to  the  supreme  court  held  in  the  division  which  in- 
cludes such  county,  or,  with  the  consent  of  all  the  parties  in  the  cause,  to 
the  supreme  court  in  the  next  adjoining  division. 

SEC.  33.  The  foregoing  districts  may,  after  the  taking  of  each  census 
by  the  state,  be  altered,  if  necessary,  to  equalize  the  said  districts  in  pop- 
ulation; but  such  alteration  shall  be  made  by  adding  to  such  district  sucrr 

idjacent  county  or  counties  as  will  make  said  district  nearest  equal 
in  population;  Provided, no  such  alteration  shall  affect  the  office  of  any 

udge  then  in  office. 

ARTICLE  VI. 

ON    ELECTIO>S    AND   THE    RIGHT    OF    SUFFRAGE. 

SECTION  1.  In  all  elections,  every  white  male  citizen  above  the  age 
)f  twenty-one  years,  having  resided  in  the  state  one  year  next  preceding 
ny  election,  shall  be  entitled  to  vote  at  such  election;  and  every  white 

ale  inhabitant  of  the  age  aforesaid,  who  may  be  a  resident  of  the  state 
,t  the  time  of  the  adoption  of  this  constitution,  shall  have  the  right  of 
oting  as  aforesaid;  but  no  such  citizen  or  inhabitant  shall  be  entitled  to 
•ote,  except  in  the  district  or  county  in  which  he  shall  actually  reside  at 
'  e  time  of  such  election. 

SEC.  2.     All  votes  shall  be  given  by  ballot. 

SEC.  3.  Electors  shall,  in  all  cases,  except  treason,  felony,  or  breach 
f  the  peace,  be  privileged  from  arrest  during  their  attendance  at  elec- 
ons,  and  in  going  to  and  returning  from  the  same. 

SEC.  4.  No  elector  shall  be  obliged  to  do  militia  duty  on  the  days  of 
ection,  excep{  in  time  of  war  or  public  danger. 

SEO.  5.  No  elector^shall  be  deemed  to  have  lost  his  residence  in  this 
ate  by  reason  of  his  absence  on  the  business  of  the  LTnited  States,  or  of 

is  state. 

SEC.  6.     No  soldier,  seaman,  or  marine,  in   the  army  or  navy  of  the 

nited  States,  shall  be  deemed  a  resident  of  this  state,  in  consequence  of 
ling  stationed  at  any  military  or  naval  place  within  the  state. 
'  I  SEC.  7.     No  person  shall    be  elected  or  appointed  to  any  office  in  this 

ate,  civil  or  military,  who  is  not  a  citizen  of  the  United  States,  and  who 

all  not  have  resided   in   this  state  one  year  next  before  the  election  or 

ointment. 

^  IS  EC.  8.     The  general  assembly  shall  have  full  power  to  pass  laws  ex- 
uding from  the  right  of  suffrage  persons  convicted  of  infamous  crimes. 
'  SEC.  9.    The  general  elections  shall  be  held  on  the  Tuesday  next  after 
''  p  first  Monday  of  November,  biennially,  until  otherwise  provided  bj 

ARTICLE  VII. 

OF    COUNTIES. 

&  [SECTION  1.    No  new  county  shall  be  formed  or  established  by  the 
.(  peral  assembly,  which  will  reduce  the  countj  or  counties,  or  either  of 
1m,  from  which  it  shall  he  taken,  to  less  contents  than  four  hundrqj 
36 


562  JOURNAL  OF  THE  CONVENTION.       [August  31. 

square  miles;  nor  shall  any  county  be  formed  of  less  contents;  nor  shall 
any  line  thereof  pass  within  less  than  ten  miles  of  any  county  seat  of  the 
county  or  counties  proposed  to  be  divided. 

SEC.  2.  No  county  shall  be  divided,  or  have  any  part  stricken  there- 
from, without  submitting  the  question  to  a  vote  of  the  people  of  the 
county,  nor  unless  a  majoiity  of  all  the  legal  voters  of  the  county  voting 
on  the  question  shall  vote  for  the  same. 

SEC.  3.  All  territory  which  has  been  or  may  be  stricken  off,  by  legis- 
lative enactment,  from  any  organized  county  or  counties,  for  the  purpose 
of  forming  a  new  county,  and  which  shall  remain  unorganized  after  the 
period  provided  for  such  organization,  shall  be,  and  remain  a  part  of  the 
county  or  counties  from  which  it  was  originally  taken,  for  all  purposes 
of  county  and  state  government,  until  otherwise  provided  by  law. 

SEC.  4.  There  shall  be  no  territory  stricken  from  any  county  unless 
a  majoiity  of  the  voters  living  in  such  territory  shall  petition  for  such 
division;  and  no  temtory  shall  be  added  to  any  county  without  the  con- 
sent of  a  majority  of  the  voters  of  the  county  to  which  it  is  proposed  to 
be  added. 

SEC.  5.  No  county  seat  shall  be  removed  until  the  point  to  which  it 
is  proposed  to  be  removed  shall  be  fixed  by  law,  and  n  majority  of  the 
voters  of  the  county  shall  have  voted  in  favor  of  its  removal  to  such  point. 

SEC.  6.  The  general  assembly  shall  provide,  by  a  general  law,  for  a 
township  organization,  under  which  any  county  may  organize  whenever 
a  majority  of  the  voters  of  such  county,  at  any  general  election,  shall  s< 
determine;  and  whenever  any  county  shall  adopt  a  township  organization, 
so  much  of  this  constitution  as  provides  for  the  management  or  the  fiscal 
concerns  of  the  said  county  by  the  county  court  may  be  dispensed  with, 
and  the  affairs  of  said  county  may  be  transacted  in  such  manner  as  th< 
general  assembly  may  provide. 

SEC.  7.     There  shall  be  elected  in  each  county  in  this  state,  by  th< 
qualified   electors  thereof,  a  sheriff,  who  shall  hold  his  office  for  the  ten 
of  two  years,  and  until  his  successor  shall  have  been  elected  and  qualified! 
Provided,  no  person  shall  be  eligible  to  the  said  office  more  than  once  ii 
four  years. 

ARTICLE  VIII. 

MILITIA. 

SECTION  1.  The  militia  of  the  state  of  Illinois  shall  consist  of  all  fr< 
male  able-bodied  persons,  (negroes,  mulattoes,  and  Indians  excepted,)  res 
dent  of  the  state,  between  the  ages  of  eighteen  and  forty-five  years,  exce] 
such  persons  as  now  are  or  hereafter  may  be  exempted  by  the  laws  of  tt 
United  States  or  of  this  state,  and  shall  be  armed,  equipped,  and  train< 
as  the  general  assembly  may  provide  by  law. 

SEC.  2.  No  person  or  persons,  conscientiously  scrupulous  of  bearii 
arms,  shall  be  compelled  to  do  militia  duty  in  time  of  peace,  provid* 
such  person  or  persons  shall  pay  an  equivalent  for  such  exemption. 

SEC.  3.     Company,  battalion,  and  regimental  officers,  staff  officers 


ugust  31.]         JOURNAL  OF  THE  CONVENTION.  £63 

jpted,  shall  be  elected  by  the  persons  composing  their  several  companies, 
attalions,  and  regiments. 

SEC.  4.  Brigadier  and  major  generals  shall  be  elected  by  the  officers 
f  their  brigades  and  divisions,  respectively. 

SEC.  5.  All  militia  officers  shall  be  commissioned  by  the  governor, 
ad  may  hold  their  commissions  for  such  time  as  the  legislature  may 
rovide. 

SEC.  6.  The  militia  shall,  in  all  cases,  except  treason,  felony,  or  breach 
lie  peace,  be  privileged  from  arrest  during  their  attendance  at  musters 

d  elections  of  officers,  and  in  going  to  and  returning  from  the  same. 

ARTICLE  IX. 

OF    THE    REVENUE. 

SECTION  L  The  general  assembly  may,  whenever  they  shall  deem  it 
cessary,  cause  to  be  collected  from  all  able-bodied,  free  while  male  in- 
)itants  of  this  state,  over  the  age  of  twenty-one  years  and  under  the 
e  of  sixty  years,  who  are  entitled  to  the  right  of  suffrage,  a  capitation 

of  not  less  than  fifty  cents,  nor  more  than  one  dollar  each. 
SEC.  2.  The  general  assembly  shall  provide  for  levying  a  tax  by 
luation,  so  that  every  person  and  corporation  shall  pay  a  tax  in  pro- 
rtion  to  the  value  of  his  or  her  property;  such  value  to  be  ascertained 
some  person  or  persons  to  be  elected  or  appointed  in  such  manner  as 
i  general  assembly  shall  direct,  and  not  otherwise;  but  the  general 
>embly  shall  have  power  to  tax  pedlers,  auctioneers,  brokers,  hawkers, 
crchants,  commission  merchants,  showmen,  jugglers,  inn-keepers,  gro- 
ry  keepers,  toll  bridges  and  ferries,  and  persons  using  and  exercising 
mchises  and  privileges,  in  such  manner  as  they  shall  from  to  time  direct. 
SEC.  3.  The  property  of  the  state  and  counties,  both  real  and  per- 
nal,  and  such  other  property  as  the  general  assembly  tnay  deem  neces- 
ry  for  school,  religious,  and  charitable  purposes,  may  be  exempted  from 
xation. 

SEC.  4.  Hereafter  no  purchaser  of  any  land  or  town  lot,  at  any  sale 
lands  or  town  lots  for  taxes  due  either  to  this  state  or  any  county,  or 
corporated  town  or  city  within  the  same;  or  at  any  sale  for  taxes'or  levies 
ithorized  by  the  laws  of  this  state,  shall  be  entitled  to  a  deed  for  the 
nds  or  town  lot  so  purchased  until  he  or  she  shall  have  complied  with 
ic  following  conditions,  to  wit:  Such,  purchaser  shall  serve,  or  cause  to 
3  served,  a  written  notice  of  such  purchase  on  every  person  in  possession 
'such  land  or  town  lot.  three  months  befora  the  expiration  of  the  time 
redemption  on  such  sale;  in  which  notice  he  shall  state  when  he  pur- 
lased  the  land  or  town  lot,  the  description  of  the  land  or  lot  he  has  pur- 
based,  and  when  the  time  of  redemption  will  expire.  In  like  manner  he 
mil  serve  on  the  person  or  persons  in  whose  name  or  names  such  land  or 
>t  is  taxed,  a  similar  written  notice,  if  such  person  or  persons  shall  reside 
i  the  county  where  such  land  or  lot  shall  be  situated;  and  in  the  event 
lat  the  person  or  persons  in  whose  name  or  names  the  land  or  lot  is  taxed 
o  not  reside  in  the  county,  such  purchaser  shall  publish  such  notice  in 
>me  newspaper  printed  in  such  county  j  and  if  no  newspaper  is  printed  in 


5G4  JOURNAL  OF  THE  CONVENTION.       [August  31, 

the  county,  then  in  the  nearest  newspaper  that  is  published  in  this  state 
to  the  county  in  which  such  lot  or  land  is  situated;  which  notice  shall  be 
inserted  three  times,  the  last  time  not  less  than  three  months  before  the 
time  of  redemption  shall  expire.  Every  such  purchaser,  by  himself  or 
agent,  shall,  before  he  shall  be  entitled  to  a  deed,  make  an  affidavit  oi 
his  having  complied  with  the  conditions  of  this  section,  stating  particular- 
ly the  facts  relied  on  as  such  compliance;  whichaffidavit  shall  be  delivered 
to  the  person  authorized  by  law  to  execute  such  tax  deed,  and  which  shall 
by  him  be  filed  with  the  officer  having  custody  of  the  records  of  lands  and 
lots  sold  for  taxes  and  entries  of  redemption  in  the  county  where  such  laud 
or  lot  shall  lie,  to  be,  by  such  officer  entered  on  the  records  of  his  office 
and  carefully  preserved  among  the  files  of  his  office;  and  which  record  01 
affidavit  shall  be prima facie  evidence  that  such  notice  has  been  given 
Any  person  swearing  falsely  in  such  affidavit  shall  be  deemed  guilty  o; 
perjury,  and  punished  accordingly.  In  case  any  person  shall  be  compelled 
under  this  section  to  publish  a  notice  in  a  newspaper,  then,  before  any  per- 
son who  may  have  a  right  to  redeem  such  land  or  lot  from  tax  sale 
shall  be  permitted  t3  redeem,  he  or  she  shall  pay  the  officer  or  person  whc 
by  law  is  authorized  to  receive  such  redemption  money,  the  printer's  fee 
for  publishing  such  notice  and  the  expenses  of  swearing  or  affirming  t€ 
the  affidavit,  and  filing  the  same. 

SEC.  5.  The  corporate  authorities  of  counties,  townships,  school  dis 
tricts,  cities,  towns,  and  villages  may  be  vested  with  power  to  assess  anc 
collect  taxes  for  corporate  purposes;  such  taxes  to  be  uniform  in  respec 
to  persons  and  property  within  the  jurisdiction  of  the  body  imposing  the 
same.  And  the  general  assembly  shall  require  that  all  the  property  withir 
the  limits  of  municipal  corporations  belonging  to  individuals  shall  be  taxec 
for  the  payment  of  debts  contracted  under  authority  of  law. 

SEC.  6.  The  specification  of  the  objects  and  subjects  of  taxation  sha 
not  deprive  ffie  general  assembly  of  the  power  to  require  other  objects  c 
subjects  to  be  taxed  in  such  manneras  may  be  consistent  with  the  pri] 
ciples  of  taxation  fixed  in  this  constitution. 

ARTICLE  X. 

CORPORATIONS. 

SECTION  1.     Corporations,  not  possessing  banking  powers   or   privil 
ges,  may  be  formed  under  general  laws,  but  shall  not  be  created  by   spe 
cial  acts,  except  for  municipal  purposes,  and,  in  cases  where,  in  the  jud| 
ment  of  the  general  assembly,  the  objects  of  the  corporation  cannot  be  a 
tained  under  general  laws. 

SEC.  2.  Dues  from  corporations  not  possessing  banking  powers  o 
privileges,  shall  be  secured  by  such  individual  liabilities  of  the  corpor* 
tors,  or  other  means,  as  may  be  prescribed  by  law. 

SEC.  3.  No  state  bank  shall  hereafter  be  created,  nor  shall  the  sta 
own  or  be  liable  for  any  stock  in  any  corporation  or  joint  stock  associ 
tion  for  banking  purposes,  to  be  hereafter  created. 

SEC.  4.  The  stockholders  in  every  corporation,  or  joint  stock  associ 
tion  for  banking  purposes,  issuing  bank  notes,  or  any  kind  of  paper  credi 


August  31.]      JOURNAL  OF  THE  CONVENTION.  565 

to  circulate  as  money,  shall  be  individually  responsible,  to  the  amount  of 
their  respective  share  or  shares  of  stock  in  any  such  corporation  or  asso- 
ciation, for  all  its  debts  and  liabilities  of  every  kind. 

SEC.  5.  No  act  of  the  general  assembly,  authorizing  corporations  or 
[associations  with  banking  powers,  shall  go  into  effect,  or  in  any  manner 
!be  in  force,  unless  the  same  shall  be  submitted  to  the  people  at  the  gen- 
eral election  next  succeeding  the  passage  of  the  same,  and  bu  approved— 

a  majority  of  all   the  votes    cast   at  such   election    for  and   against 
uch  law. 

SEC.  6.  The  general  assembly  shall  encourage  internal  improvements, 
r  passing  liberal  general  laws  of  incorporation  for  that  purpose. 

ARTICLE  XI. 

COMMONS. 

All  lands  which  have  been  granted,  as  a  "common,''  to  the  i  (habitants 

any  town,  hamlet,  village   or  corporation,   by  any  person,  body  politic 

corporate,  or  by  an}*  government   having  power  to   make  such  giant, 

all   forever  remain  common   to  the  inhabitants  of  such    town,  hamlet, 

llage,  or  corporation;  but  the  said  commons,  or  any  of  them,  or  any  part 

ereof,  may  be  divided,  leased,  or  granted,  in  such  manner  as  may  heic- 

ter  be  provided  by  law,  on  petition  of  a  majority  of  the  qualified  voters 

terested  in  such  commons,  or  any  of  them. 

* 

ARTICLE  XII. 

AMENDMENTS  TO   THE  CONSTITUTION. 

• 

SECTION  1.  Whenever  two-thirds  of  all  the  members  elected  to  each 
anch  of  the  general  assembly  shall  think  it  necessary  to  alter  or  amend 
is  constitution,  they  shall  recommend  to  the  electors  at  the  next  elec- 
on  of  members  of  the  general  assembly,  to  vote  for  or  against  a  conven- 
on;  and  if  it  shall  appear  that  a  majority  of  all  the  electors  of  the  state 
>ting  for  representatives  have  voted  for  a  convention,  the  general  as- 
mbly  shall,  at  their  next  session,  call  a  convention,  to  consist  of  as 
any  members  as  the  house  of  representatives  at  the  time  of  making  said 
ill,  to  be  chosen  in  the  same  manner,  at  the  same  place,  and  by  the  same 
ector.s,  in  the  same  districts  that  chose  the  members  of'  the  house  of  re- 
^esentatives,  and  which  convention  shall  meet  within  three  months  after 
e  said  election,  for  the  purpose  of  revising,  altering,  or  amending  this  con- 
itution. 

SEC.  2.  Any  amendment  or  amendments  to  this  constitution  may  be 
•oposed  in  either  branch  of  the  general  assembly;  and  if  the  same  shall 
agreed  to  by  two-thirds  of  all  the  members  elect  in  each  of  the  two 
>use?,  such  proposed  amendment  or  amendments  shall  be  referred  to  the 
5X1  regular  session  of  the  general  assembly,  and  shall  be  published  at 
ast  three  months  previous  to  the  time  of  holding  the  next  election  lor 
embers  of  the  house  of  representatives;  and  if,  at  the  next  regular  scs- 
of  the  general  assemby  after  said  election,  a  majority  of  all  the  mern- 
TS  elect  in  each  branch  of  the  general  assembly  shall  agree  to  said  amend- 


56G  JOURNAL  OF  THE  CONVENTION.       [August  3 

rnent  or  amendment?,  then  it  shall  be  their  duty  to  submit  the  same  i 
the  people  at  the  next  general  election  for  their  adoption  or  rejection,  ; 
such  manner  as  may  he  prescribed  by  law;  and  if  a  majority  of  all  the  ele 
tors  voting  at  such  election  for  members  of  the  house  of  representativi 
shall  vote  for  such  amendment  or  amendments,  the  same  shall  become 
part  of  the  constitution.  But  the  general  assembly  shall  not  havepowi 
to  propose  an  amendment  or  amendments  to  more  than  one  article  of  kh 
constitution  at  the  same  session. 

ARTICLE  XIII. 

That  the  general,  great,  and  essential  principles  of  liberty  and  free  go^ 
ernment  may  be  recognized  and  unalterably  established,  WE  DI 
CLARE: 

SECTION  1.  That  all  men  are  born  equally  free  and  independent,  an 
have  certain  inherent  and  indefensible  lights;  among  which  are  those  < 
enjoying  and  defending- life  and  liberty,  and  of  acquiring,  possessing,  an 
protecting  property  and  reputation,  and  of  pursuing  their  own  happines 

SEC.  k2.  That  all  power  is  inherent  in  the  people,  and  all  free  goven 
ments  are  founded  on  their  authority,  and  instituted  for  their  peace,  saf 
ty,  and  happiness. 

SEU.  3.  That  all  men  have  a  nafural  and  indefeasible  right  to  worshi 
Almighty  God  according  to  the  dictates  of  their  own  consciences;  thi 
no  man  can  of  right  be  compelled  to  attend,  erect,  or  support  any  pla( 
of  worship,  or  to  maintain  any  ministry  against  his  consent;  that  no  hi 
man  authority  can,  in  any  case  whati  ver,  control  or  interfere  with  i\ 
rights  of  conscience;  and  that  no  preference  shall  ever  be  given  by  la' 
to  any  religious  establishments  or  modes  of  worship. 

Sue.  4.  That  no  religious  test  shall  ever  be  required  as  a  qualificatio 
to  any  office  of  public  trust  under  this  state. 

SEC.  5.     That  all  elections  shall  be  free  and  equal. 

Src.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate;  ai 
shall  extend  to  all  cases  at  law,  without  regard  to  the  amount  in  conti 
versy. 

SEC.  7.     That  the  people  shall  be  secure  in  their  persons,  houses, 
pcrs,  and  possessions,  from  unreasonable  searches  and  seizures;  and  tl 
general  warrants,  whereby  an  officer  may  be  commanded  to  search   si 
pected  places  without  evidence  of  the  fact  committed,  or  to  seize  any  \ 
son  or  persons  not  named,  whose  offences  are  not  particularly  descril 
and  supported  by  evidence,  are  dangerous  to  liberty,  and  ought  not  to 
granted. 

SEC.  8.     That  no  freeman  shall  be  imprisoned  ,  or  disseized  of  his  fr* 
hold,  liberties,  or  privileges,  or  outlawed  or  exiled,  or  in  any  manner 
prived  of  his  life,  liberty,  or  property,  but  by  the  judgment  of  his  peers, 
the  law  of  the  land. 

SEC.  9.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right 
be  heard  by  himself  and  counsel;  to  demand  the  nature  and  cause  of 
acousaticn  against  him;  to  meet  the  witnesses  face  to  face;  to  have  c< 
pulsory  process  to  compel  the  attendance  of  witnesses  in  his  favor;  ai 
in  prosecutions  by  indictment  or  information,  a  speedy  public  trial  by  • 


August  31.]       JOURNAL  OP  THE  CONVENTION.  567 

impartial  jury  of  the  county  or  district  wherein  the  offence  shall  have  been 
committed,  which  count}  or  district  shall  have  been  previously  ascertain- 
ed by  law;  and  that  he  shall  not  be  compelled  to  give  evidence  against 
himself. 

!SEC.  10.  No  person  shall  be  held  to  answer  for  a  criminal  offence  un- 
less on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases  of 
impeachment,  or  in  cases  cognizable  by  justices  of  the  peace,  or  arising  in 
the  army  or  navy,  or  iu  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger;  Provided,  that  justices  of  the  peace  shall  try  no  person, 
except  as  a  court  of  inquiry,  for  any  offence  punishable  with  imprisor*- 
ment  or  death,  or  fine  above  one  hundred  dollars. 

SEC.  1 1.  No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopar- 
dy of  his  life  or  limb;  nor  shall  any  man's  property  be  taken  or  applied 
to  public  use  without  the  consent  of  his  representatives  in  the  general 
assembly,  nor  without  just  compensation  being  made  to  him. 

SEC.  12.  Every  person  within  this  state  ought  to  find  a  certain  reme- 
dy in  the  laws,  for  all  injuries  or  wrongs  which  he  may  receive  in  his 
person,  property,  or  character;  he  ought  to  obtain  right  and  justice  freely, 
and  without  being  obliged  to  purchase  it,  completely  and  without  denial, 
promptly  and  without  delay,  conformably  to  the  laws. 

SEC.  13.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences  where  the  proof  is  evident 'or  the  presumption  greai; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended,  un- 
less, when  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require 
it. 

SEC.  14.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offence;  the  true  design  of  all  punishment  being  to  reform,  not  to  exter- 
minate mankind. 

SEC.  15.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal 
to  driver  up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as 
shall  be  prescribed^by  law,  or  in  cases  where  there  is  strong  presumption 
of  fraud. 

SEC.  16.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
this  state,  except  as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted. 

SEC.  17.  No  ex  post  facto  law,  nor  any  law  impairing  the  obligation  of 
contracts,  shall  ever  be  made;  and  no  conviction  shall  work  corruption  of 
blood  or  forfeiture  of  estate. 

SBC.  18.  That  no  person  shall  be  liable  to  be  transported  out  of  this 
state  for  any  offence  committed  within  the  same. 

SEC.  19.  That  a  frequent  recurrence  to  the  fundamental  principles  of 
civil  government  is  absolutely  necessary  to  preserve  the  blessings  of  lib- 
erty. 

SEC.  20.  The  military  shall  be  in  strict  subordination  to  the  civil 
power. 

SKC.  21.  That  the  people  have  a  right  to  assemble  together  in  a  peace- 
able manner  to  consult  for  their  common  good,  to  instruct  their  represen- 
tatives, and  to  apply  to  the  general  assembly  for  redress  of  grievances. 

SEC.  22.     No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 


568  JOURNAL  OF  THE  CONVENTION.       [August  31. 

without  the  consent  of  the  owner;  nor  in  time  of  war,  except  in  manner 
prescribed  by  law. 

SB.  23.  The  printing  presses  shall  be  free  to  every  person  who  un- 
dertakes to  examine  tho  proceedings  of  the  general  assembly,  or  of  any 
branch  of  government;  and  no  law  shall  ever  be  made  to  restrain  the 
right  thereof.  The  free  communication  of  thoughts  and  opinions  is  one 
of  the  invaluable  rights  of  man;  and  every  citizen  may  freely  speak, 
write,  and  print,  on  any  subject,  being  responsible  for  the  abuse  ol  that 
liberty. 

SEC.  24.  In  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers,  or  of  men  acting  in  a  public  capacity,  or 
when  the  matter  published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence  ;  and  in  al!  indictments  for  libels,  the 
jury  shall  have  the  right  of  determining  both  the  law  and  the  fact,  under 
the  direction  of  the  court,  as  in  other  cases. 

SEC.  25.  Any  person  who  shall,  alter  the  adoption  of  this  constitution, 
fight  a  duel,  or  send  or  accept  a  challenge  for  that  purpose,  or  be  aider 
or  abettor  in  fighting  a  duel,  shall  be  deprived  of  the  right  of  holding  any 
office  of  honor  or  profit  in  this  state,  and  shall  be  punished  otherwise,  in 
such  manner  as  is  or  may  be  prescribed  by  law. 

SEC.  26.  That  from  and  after  the  adoption  of  this  constitution,  every 
person  who  shall  be  elected  or  appointed  to  any  office  of  piofit,  trust,  or 
emolument,  civil  or  military,  legislative,  executive,  or  judicial,  under  the 
government  of  this  state,  shall,  before  he  enters  upon  the  duties  of  his 
office, in  addition  to  the  oath  prescribed  in  this  constitution,  take  the  fol- 
lowing oath:  "I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I 
have  not  fought  a  duel,  nor  sent  or  accepted  a  challenge  to  fight  a  duel, 
the  probable  issue  of  which  might  have  been  the  death  of  either  party,  nor 
been  a  second  to  either  party,  nor  in  any  manner  aided  or  assisted  in  such 
duel,  nor  been  knowingly  the  hearer  of  such  challenge  or  acceptance, 
since  the  adoption  of  the  constitution:  and  that  1  will  not  be  so  engaged 
or  concerned,  directly  or  indirectly,  in  or  about  any  such  duel,  during  my 
continuance  in  office.  So  help  me,  God." 


SCHEDULE. 

That  no  inconvenienc3  may  arise  from  the  alterations  and  amendments 
made  in  the  constitution  of  this  state,  and  to  carry  the  same  into  com- 
plete effect,  it  is  hereby  ordained  and  declared: 

SECTION  1.  That  all  laws  in  force  at  the  adoption  of  this  constitution, 
not  inconsistent  therewith,  and  all  rights,  actions,  prosecutions,  clairps, 
and  contracts  of  this  state  individuals  or  bodies  corporate,  shall  continue 
and  be  as  valid  as  if  this  constitution  had  not  been  adopted. 

SEC.  2.  That  all  fines,  penalties,  and  forfeitures  due  and  owing  to  the 
state  of  Illinois  under  the  present  constitution  and  laws,  shall  enure  to 
the  use  of  the  people  of  the  state  of  Illinois  under  this  constitution. 


August  31.]       JOURNAL  OF  THE  CONVENTION.  569 

SEC.  3.  Recognizances,  bonds,  obligations,  and  all  other  instruments 
entered  into  or  executed,  before  the  adoption  of  this  constitution,  to  the 
people  of  the  state  of  Illinois,  10  any  state  or  county  officer  or  public  body, 
shall  remain  binding  and  valid,  and  rights  and  liabilities  upon  the  same 
shall  continue,  and  all  crimes  and  misdemeanors  shall  be  tried  and 
punished  as  though  no  change  had  been  made  in  the  constitution  of  the 
state. 

SEC.  4.  That  "article  XI,"  enthled  "commons,"  is  hereby  adopted 
as  d  part  of  the  constitution  of  this  state,  without  being  submitted  to  be 
voted  upon  by  the  people. 

SEC.  5.  That  at  the  first  election  fixed  by  this  constitution  for  the 
election  of  judges,  there  shall  be  elected  one  circuit  judge  in  each  of  the 
nine  judicial  circuits  now  established  in  this  state. 

SEC.  0.  The  county  commissioners'  courts  and  the  probate  justices  of 
the  several  counties  shall  continue  in  existence  and  exercise  their  pres- 
ent jurisdiction  until  the  county  court,  provided  in  this  constitution,  is  or- 
ganized in  pursuance  of  an  act  ol  the  general  assembly  to  be  passed  at  its 
first  session. 

SEC.  7.  That  the  clerk  of  the  circuit  court,  in  each  county  fixed  by 
this  constitution  as  the  place  for  holding  the  supieme  court,  except  in 
the  county  of  SangJimon,  shall  be  ex  officio  clerk  of  the  supreme  court, 
until  the  clerks  of  said  court  shall  be  elected  and  qualified,  as  provided 
in  this  constitution,  and  all  laws  now  in  force,  in  relation  to  the  clerk  of 
the  supreme  court,  shall  be  applicable  to  said  clerks  and  their  duties. 

SEC.  8.  That  the  sheriffs,  state's  attorneys,  and  all  other  officers  elected 
under  this  constitution  shall  perfoim  such  duties  as  shall  be  prescribed  by 
law. 

SEC.  9.  That  the  oaths  of  office  herein  required  to  be  taken  may  be 
administered  by  a  justice  of  the  peace  until  otherwise  provided  by  law. 

SEC.  10.  That  this  constitution  shall  be  submitted  to  the  people  for 
their  adoption  or  rejection  at  an  election  to  be  held  on  the  first  Monday  in 
March,  A.  D.  1848,  and  there  shall  also  be  submitted  for  adoption  or  re- 
jection at  the  same  time,  the  separate  articles  in  relation  to  the  emigra- 
tion of  colored  persons  and  the  public  debt. 

SEC.  11.  That  every  person  entitled  to  vote  for  members  of  the  general 
assembly,  by  the  constitution  and  laws  now  in  force,  shall  on  the  first  Mon- 
day in  March,  A.  D.  1848,  be  entitled  to  vote  for  the  adoption  or  rejec- 
tion ot  this  constitution,  and  for  and  against  the  aforesaid  articles  separate- 
ly submit  tec,  and  the  said  qualified  electors  shall  vote  in  the  counties  in 
which  they  respectively  reside,  at  the  usual  places  of  voting,  and  not  else- 
where; and  the  said  election  shall  be  conducted  according  to  the  laws 
now  in  force  in  relation  to  the  election  of  governor,  so  far  as  applicable, 
except  as  herein  otherwise  provided. 

SEC.  12.  That  the  poll-book  to  be  used  at  said  election  shall,  as  nearly 
as  practicable,  be  in  the  following  form,  to  wit: 


570  JOURNAL  OF  THE  CONVENTION.        [August  31 

POLL-BOOK  of  an  election  held  at precinct,  in  the  county  of 

on  the  first  Monday  of  March,  A.  D.   1818,  for  the  adoption  or  rejection 
of  the  Constitution,  and  the  separate  articles  submitted. 


j4 

G 

, 

o 

c 

0 

0 

^ 

r-j 

.2 

"3 

"ctf    "^ 

2  § 

OJ 

^4 

2 

w 

2  8 

"Si 

«2   • 

NAMES  OF  THE  VOTERS. 

c 
o 

IM 

O 

O 

1 

G 
O 

0 

CM 
O 

O 

I 

.2S. 

O  rT3 

"o  ^ 

Against  the  articl 
tion  to  colored 

For  the  article  for 
mill  tax. 

Against  the  articl 
two  mill  ta 

A.  B  

1 

1 

1 

C.  D. 

2 

2 

1 

3 

3 

1 

SEC.  13.  That  the  returns  of  the  votes  for  the  adoption  or  rejection  of 
this  constitution,  and  for  and  against  the  separate  articles  submitted,  shall 
be  made  to  the  secretary  of  state  within  fifty  days  after  the  election,  and 
the  returns  of  the  votes  shall,  within  five  days  thereafter,  be  examined 
and  canvassed  by  the  auditor,  treasurer  and  secretary  of  state,  or  any  two 
of  them,  in  the  presence  of  the  governor,  and  proclamation  shall  be  made 
by  the  governor  forthwith  of  the  result  of  the  polls.  If  it  shall  appear, 
that  a  majority  of  all  the  votes  polled  are  for  the  adoption  of  this  consti- 
tution, it  shall  be  the  supreme  law  of  the  land,  from  and  after  the  first  day 
of  April,  A.  D.  1848,  bu:  if  it  shall  appear  that  o  majority  of  the  votes 
polled  were  given  against  the  constitution,  the  same  shall  be  null  and  void. 
If  it  shall  further  appear  that  a  majority  of  the  votes  polled  shall  have 
been  given  for  the  separate  article  in  relation  to  colored  persons,  or  the 
article  for  the  two  mill  tax,  then  said  article,  or  articles,  shall  be  and  form 
a  part  of  this  constitution;  otherwise  said  article,  or  articles,  shall  be  nul 
and  void. 

SEC.  14.  That  if  this  constitution  shall  be  ratified  by  the  people,  the 
governor  shall  forthwith,  after  having  ascertained  the  fact,  issue  writs  o 
election  to  the  sheriffs  of  the  several  counties  in  this  state;  or,  in  case  ol 
vacancy,  to  the  coroners,  for  the  election  of  all  the  officers  the  time  of 
whose  election  is  fixed  by  this  constitution,  or  schedule;  and  it  shall  be 
the  duty  of  said  sheriffs  or  coroners  to  give  at  least  twenty  days'  notice  of 
the  time  and  place  of  said  election,  in  the  manner  now  prescribed  by  law, 

SEC.  15.  The  general  assembly  shall,  at  its  first  session  after  the  adop 
lion  of  this  constitution,  provide  by  law  for  the  mode  of  voting  by  bal 
lot,  and  also  lor  the  manner  of  returning,  canvassing,  and  certifying  the 
number  of  votes  cast  at  any  election;  and  until  said  law  shall  be  passed 
all  elections  shall  be  viva  voce,  and  the  laws  now  in  force  regulating  elec 
tions  shall  continue  in  force  until  the  general  assembly  shall  provide  other 
wise,  as  herein  directed. 


August  31.]        JOURNAL  OF  THE  CONVENTION.  571 

SEC.  16*  That  the  first  general  election  of  governor,  secretary  of  state, 
auditor,  treasurer,  and  members  of  the  general  assembly,  and  of  such 
other  officers  as  are  to  be  elected  at  the  same  time,  shall  be  held  on  the 
first  Monday  of  August,  eighteen  hundred  and  forty-eight,  anything  in 
this  constitution  to  the  contrary  notwithstanding.  County  officers  then 
elected  shall  hold  their  respective  offices  until  their  successors  are 
elected  or  appointed,  in  conformitywith  laws  hereafter  enacted. 

SEC.  17.  That  returns  of  the  election  of  justices  of  the  supreme  and 
judges  of  the  circuit  courts,  secretary  of  state,  auditor,  and  treasurer,  shall 
be  made  and  canvassed  as  is  now  provided  by  law  for  representatives  in 
congress;  and  returns  for  members  of  the  general  assembly  and  county  offi- 
cers shall  be  made  and  canvassed  as  is  now  provided  by  law. 

SEC.  18.  That  all  laws  of  the  state  of  Illinois,  and  all  official  writings, 
and  the  executive,  legislative, and  judicial  proceedings,  shall  be  conducted, 
preserved,  and  published  in  no  other  than  the  English  language. 

SEC.  19.  On  the  first  Monday  in  December,  one  thousand  eight  hun- 
dred and  forty-eight,  the  term  of  office  of  judges  of  the  supreme  court, 
state's  attorneys,  and  of  the  clerks  of  the  supreme  and  circuit  courts, 
shall  expire ;  and  on  said  day,  the  term  of  office  of  the  judges,  state's  attor- 
neys, and  clerks  elected  under  the  provisions  of  this  constitution,  shall  com- 
mence. The  judges  of  the  supreme  court,  elected  as  aforesaid,  shall  have 
and  exercise  the  powers  and  jurisdiction  conferred  upon  the  present  judges 
of  that  court;  and  the  said  judges  of  the  circuit  courts  shall  have  and  ex- 
ercise the  powers  and  jurisdiction  conferred  upon  the  judges  of  those 
courts,  subject  to  the  provisions  of  this  constitution. 

SEC.  '20.  On  the  first  Monday  of  December,  one  thousand  eight  hun- 
dred and  forty-eight,  jurisdiction  of  all  suits  and  proceedings  then  pending 
in  the  present  supreme  court  shall  become  vested  in  the  supreme  court 
established  by  this  constitution,  and  shall  be  finally  adjudicated  by  the 
rourt  where  the  same  may  be  pending.  The  jurisdiction  of  all  suits  and 
proceedings  then  pending  in  <he  circuit  courts  of  the  several  counties  shall 
be  vested  in  the  circuit  courts  of  said  counties. 

SEC.  21.  The  Cook  and  Jo  Daviess  county  courts  shall  continue  to 
exist,  and  the  judge  and  other  officers  of  the  same  remain  in  office  until 
otherwise  provided  by  law. 

SEC.  22.  Until  otherwise  provided  by  law,  the  terms  of  the  supreme 
court  shall  be  held  as  follows:  In  the  first  division,  on  the  first  Monday  of 
December,  A.  D.  1848,  and  annually  thereafter.  In  the  second  division,  on 
the  third  Monday  of  December,  A  D.  1848,  and  annually  thereafter.  In 
the  third  division,  on  the  first  Monday  of  February,  A.  D.  1849,  and  annu- 
ally thereafter.  The  sheriffs  of  Jefferson  and  La  Salle  counties  shall  per- 
form the  same  duties  and  receive  the  same  compensation  as  is  required 
and  provided  for  the  sheriff  of  Sangamon  county,  until  otherwise  provided 
by  law. 

SEC.  23.  Nothing  in  this  constitution  shall  prevent  the  general  assem- 
bly from  passing  such  laws  in  relation  to  the  apprenticeship  of  minors,  du- 
ring their  minority,  as  may  be  necessary  and  proper. 

SEC.  24.  That  the  general  assembly  shall  pass  all  laws  necessary  to 
carry  into  effect  the  provisions  of  this  constitution. 


57:2  JOURNAL  OF  THE  CONVENTION.        [August  31. 

SEC.  25.  Elections  of  judges  of  the  supreme  and  circuit  courts  shall 
be  subject  to  be  contested. 

SEC.  !26.  Contested  elections  of  judges  of  the  supreme  court  shall  be 
tried  by  the  senate,  and  of  judges  of  the  circuit  court  by  the  supreme 
court,  and  the  general  assembly  shall  prescribe  the  manner  of  proceeding 
therein. 

DONE  in  convention,  at  the  capitol,  in  the  city  of  Springfield,  on  the  thir- 
ty-first day  of  August,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  forty-seven,  and  of  the  Independence  of  the  United  IStates  of 
America,  the  seventy-second. 

IN  WITNESS  WHEREOF,  we  have  hereunto  subscribed  our  names. 


ARTICLE  XIV, 

The  general  assembly  shall,  at  its  first  session  under  the  amended  con- 
stitution, pass  such  laws  as  will  effectually  prohibit  free  persons  of  color 
from  immigrating  to  and  settling  in  this  state;  and  to  effectually  prevent 
the  owners  of  slaves  from  bringing  them  into  this  state,  for  the  purpose  of 
setting  them  free. 

ARTICLE  XV. 

There  shall  be  annually  assessed  and  collected,  in  the  same  manner  as 
other  state  revenue  may  be  assessed  and  collected,  a  tax  of  two  mills 
upon  each  dollar's  worth  of  taxable  property,  in  addition  fo  all  other 
taxes,  to  be  applied  as  follows,  to  wit:  The  fund  so  created  shall  be  kept 
separate,  and  shall  annually,  on  the  first  day  of  January,  be  apportioned 
and  paid  over  pro  rata  upon  all  such  state  indebtedess,  other  than  the 
canal  and  school  indebtedness,  as  may,  for  that  purpose,  be  presented  by 
the  holders  of  the  same,  to  be  entered  as  credits  upon,  and,  to  that  extent, 
in  extinguishment  of  the  principal  of  said  indebtedness. 

Mr.  Scates  offered  the  following  orders: 

Ordered,  That  all  erasures,  and  interlineations  in  the  enrolled  copy  of 
the  constitution,  be  noted  at  the  end,  and  so  as  to  precede  the  signatures 
of  the  members  of  the  convention. 

Ordered,  That  the  enrolled  constitution  shall  be  signed  in  the  following 
order, to  wit:  First  by  the  president  of  the  convention,  and  secondly  by 
the  members  of  the  convention,  in  alphabetical  order,  and  that  they  do 
now  proceed  to  sign  it;  after  which  the  same  shall  be  attested  by  the  sec- 
retary, and  that  the  president  then  deliver  it  in  pursuance  of  the  order  of 
the  convention. 

The  question  was  taken  on  the  adoption  of  the  first  order,  and  decided 
in  the  affirmative. 

On  motion  of  Mr.  N.  W.  Edwards, 

The  question  was  taken,  by  yeas  and  nays,  on  the  final  adoption  of  the 
constitution,  schedule,  and  separate  articles, 


August  31.]      JOURNAL  OF  THE  CONVENTION. 

And  decided  in  the  affirmative,    <  v      ' 

^rNd)S, 


573 


.131 

7 


Those  voting  in  the  affirmative,  are 


Mr.  Adams 
Armstrong 
Atherton 
Blakely 
Bond 

Bosbyshell 
Brockman 
Brown 

J.  M.  Campbell 
T.  Campbell 
Z.  Casey 
Choate 
Church 
Churchill 
Constable 
Grain 

R.  J.  Cross 
S.  J.  Cross 
Dale 

D.   Davis 
J.  M.  Davis 
Dawson 
Deitz 
Dement 
Dummer 
Dunn 
Dunsmore 
Eccles 
Edmonson 
C.  Edwards 
N.  W.  Edwards 
Evey 
Farwell 
Frick 
Graham 
Geddes 
H.  R.  Green 
P.  Green 
Grimshaw 
Harding 
Harlan 
Harper 
Hatch 
Hawley 


Mr.  Hay 
Hayes 
Henderson 
Hill 
Hoes 
Hogue 
Hunsaker 
Hurlbut 
Huston 
Jackson 
James 
Jenkins 
Jones 
Judd 
Kenner 
S.  Kinney 
Kitchell 
A.  R.  Knapp 
N.  M.  Knapp 
Knowlton 
Knox 
Kreider 
Lasater 
Laughlin 
Lemon 
Linley 
Lockwood 
Logan 
Loudon 
McCallen 
McCully 
McClure 
McHatton 
Markley 

F.  S.  D.  Marshall 
T.  A.  Marshall 
Mason 
Matheny 
Mieure 
Miller 
Mi  n  shall 
Moore 
Morris 
Northcott 


Those  voting  in  the  negative,  are, 


Mr.  Akin 
Baliingall 
Bunsen 


Mr.  Colby 
Gregg 


Mr;  Norton 
Oliver 
Pace 

H,  D.  Palmer 
J.  M.  Palmtr 
Peters 
Pinckney 
Pratt 
Rives 
Robbins 
Robinson 
Roman 
Rountree 
Scates 
Servant 
Shields 
Shumway 
Sibley 
Sim 

Simpson 
E.  O.  Smith 
Spencer 
Stadden 
Swan 
Thomas 
Thompson 
Thornton 
Trower 
Turnbull 
Turner 
Tutt 
Tuttle 
Vernor 
Wead 
Webber 
West 
Williams 
Witt 

Whiteside 
Whitney 
Woodsori 
Worcester 
Mr.  President. 


Mr.  W.  C.  Kinney 
J.  Smith 


The  question  was  taken  on  the  adoption  of  the  second  order,  offered 
by  Mr.  Scates,  and  decided  in  the  affirmative. 
On  motion  of  Mr.  Edmonson, 

Resolved,  That  the  president,  or  any  member  of  this  convention,  may 
sign  the  name  of  any  absent  delegate  to  the  enrolled  constitution,  being 
authorized  to  do  so. 


574 


JOURNAL  OF  THE  CONVENTION.          [August  31, 


On  motion  of  Mr.  Gregg, 

Resolved,  That  members  oi  the  convention  not  now  in  attendance 
shall  have  the  privilege  of  signing  the  constitution,  in  the  office  of  secreta- 
ry of  state,  at  any  time  previous  to  the  first  Monday  of  March  next;  which 
signature  or  signatures  may  be  attested  by  the  secretary  of  state. 

On  motion  of  Mr.  Woodson, 

Resolved,  That  Ninian  W.  Edwards,  and  M.  Brayrnan,  together  with 
the  public  printer  and  secretary  of  state,  be  a  committee  to  compare  the 
enrolled  constitution  and  address  when  deposited  in  the  office  of  the  sec- 
retary  of  state,  with  the  printed  proof  of  the  same,  ordered  to  be  printed 
for  distribution,  and  that  said  committee  superintend  the  printing  thereof, 
to  which  shall  be  annexed  a  certificate  of  the  secretary  of  state  to  the 
correctness  of  the  same. 

On  motion  of  Mr.  Hay, 

Resolved,  That  the  secretary  of  state  be,  and  he  is  hereby,  required  to 
cause  to  be  distributed  to  the  several  counties  in  this  state,  two  hundred 
copies  of  the  new  constitution,  for  each  member  elected  from  the  sever- 
al counties,  to  be  deposited  with  the  clerks  of  the  county  commissioners' 
courts  of  the  several  counties,  subject  to  the  order  of  the  said  members, 
for  distribution  amongst  the  people;  to  be  so  distributed  at  as  early  a  day 
as  practicable,  and  at  the  least  possible  expense  to  the  state. 

The  erasures,  amendments,  and  interlineations  were  then  noted  at  the 
end  of  the  enrolled  constitution  and  schedule. 

Whereupon,  the  president  signed  the  constitution  and  schedule,  and 
the  members  also  signed  them  in  alphabetical  order,  viz: 


NEWTON  CLOUD, 

and  member  of  the 

AUGUSTUS  ADAMS, 

GEORGE  W.  AKIN, 

WM.  R.  ARCHER, 

GEO.  W.  ARMSTRONG, 

MARTIN  ATHERTON, 

P.  BALLINGALL, 

WM.  H.   BLAKELY, 

BEN.  BOND, 

WM.  BOSBYSHELL, 

JAMES  BROCKMAN, 

GEO.  T.  BROWN, 

GEORGE  BUNSEN,        Witness. 

HORACE  BUTLER, 

JAMES  M.  CAMPBELL, 

THOMPSON  CAMPBELL, 

JOHN  CANADAY, 

Z.  CASEY, 

CHARLES  CHOATE, 

SELDEN  M.  CHURCH, 

ALFRED  CHURCHILL, 

EBEN  F.  COLBY, 

CHARLES  HENRY  CONSTABLE, 

JOHN  CHAIN, 


President  of  the  Convention, 
Convention  from  the  county  of  Morgan. 

ROBERT  J.  CROSS, 
SAMUEL  J.  CROSS, 
M.  G.  DALE, 
DAVID  DAVIS, 
JAMES  M.  DAVIS, 
THOS.  G.  C.  DAVIS, 
JOHN  DAWSON, 
P.  W.  DEITZ, 
JOHN  DEMENT, 
H.  E.  DUMMER, 
HARVEY  DUNN, 
DANIEL  DUNSMORE, 
JOSEPH  T.  ECCLES, 
J.  WM.  F.  EDMONSON, 
CYRUS  EDWARDS, 
NINIAN  W.  EDWARDS, 
EDWARD  EVEY, 
SETH  B.    FARWELL, 
FRED'K  FRICK. 
JAMES  GRAHAM, 
THOMAS  GEDDES, 
HENRY  R.  GREEN, 
PETER  GREEN, 


August  $1.]          JOURNAL  OF  THE  CONVENTION. 


575 


WILLIAM  B.  GREEN, 
DAVID  L.  GREGG, 
WM.  A.  GRIMSHAW, 
A.  C.  HARDING, 

J.  HARLAN, 

J.  HARPER, 

C.  K.  HARVEY, 

JEDUTHAN  HATCH, 

NELSON  HAWLEY, 

DANIEL  HAY, 

S.  SNOWDON   HAYES, 

HUGH  HENDERSON, 

GEORGE  W.  HILL, 

ABRAHAM  HOES, 

JAMES  M.  HOGUE, 

SAM'L  HU.NSAKER, 

STEPHEN  A.  HURLBUT, 

JOHN  HUSTON, 

AARON  C.  JACKSON, 

J.  A.  JAMES, 

A.  M.  JENKINS, 

HUMPHREY  B. 'JONES, 

THOMAS  JUDD, 

A.  R.  KENNER, 

SIMON  KINNEY, 

WILLIAM   C.  KINNEY, 

ALFRED  KITCHELL, 

AUGUSTUS  R.  KNAPP, 

NAT.  MORSE  KNAPP, 

LINCOLN  B.  KNOWLTON, 

JAMES  KNOX, 

GEORGE  KREIDER, 

JAMES  M.  LASATER, 

WILLIAM  LAUGHLIN, 

GEORGE  B.  LEMEN, 

ISAAC  LINLEY, 

SAM'L  DRAKE  LOCKWOOD, 

STEPHEN  T.  LOGAN, 

JOHN  TINEN  LOUDON, 

ANDREW  McCALLEN, 

JOHN  McCULLEY, 

WM.  McCLURE, 

A.  McHATTON, 

DAVID  MA.RKLEY, 

FRANKLIN  S.  D.  MARSHALL. 

T.  A.  MARSHALL, 

JOHN  WEST  MASON, 

JAMES  H.   MATHENY, 

R.  MILLER, 

WM.  A.  MINSHALL, 


WILLIAM  S.  MOORE, 
R.  G.  MORRIS, 
J.  M.  NICHOLS 
B.  F.  NORTH COTT, 
JESSE  O.  NORTON, 
JOHN  OLIVER, 
G.    W.  PACE, 
HENRY  D.  PALMER, 
JOHN  M.  PALMER, 
ONSLOW  PETERS, 

D.  J.  PINCKNEY, 
WM.  B.  POWERS, 
O.  C.  PRATT, 
GEORGE  W.  RIVES, 
EZEKIEL  WRIGHT  ROBBINS, 
BENAIAH  ROBINSON, 

W.  W.  ROMAN, 

HIRAM  ROUNTREE, 

WALTER  B.  SCATES, 

R.  B.  SERVANT, 

WILLIAM  SHIELDS, 

DORICE  D  WIGHT  SHUMWAY, 

JOHN  SIBLEY, 

WM.  SIM, 

LEWIS  J.  SIMPSON, 

E.  O.  SMITH, 
J.  SMITH, 

JOHN  W.  SPENCER, 

WM.  SPADDEN, 

HURLBURT  SWAN, 

WM.  THOMAS, 

WM.  W.  THOMPSON, 

ANTHONY  THORNTON, 

THOS.  B.  TROWER, 

GILBERT  TURNBULL, 

OAKS  TURNER, 

WM.  TUTT, 

JAMES  TUTTLE, 

JOHN  W.   VTANCE, 

ZENAS  H.  VERNOR, 

HEZEKIAH  M.  WEAD, 

T.  R.  WEBBER, 

EDW.  M.  WEST, 

ARCHIBALD  WILLIAMS, 

FRANKLIN  WITT, 

JOHN  DAVIS   WHITESIDE, 

DANIEL  HILTON  WHITNEY, 

DAVID  MEADE  WOODSON, 

L.  E.  WORCESTER. 


Attest: 


HENRY  W.  MOORE,  Secretary. 

HARMAN  G.  REYNOLDS,  Assistant  Secretary. 


Messrs.  Allen,  Anderson,  Blair.  F.  S.  Casey,  Dunlap,  Holmes,  Manly, 
Moffett,  and  Mieure,  signed  by  attorney,  as  follows: 

I,  WILLIS  ALLEN,  do  hereby  authorize  and  empower  George  W.  Akin 
to  sign  my  name  to  the  new  and  amended  constitution,  which  will  be 
made  by  the  present  convention  assembled  at  Springfield,  whereof  I  am 
n  member.  Given  under  my  hand  and  seal  this  29th  day  of  August,  A, 

WILLIS  ALLEN,[L.  s.i 


576  JOURNAL  OF  THE  CONVENTION.       [August  31. 

I,  SAMUEL  ANDERSON,  member  to  the  constitutional  convention  from  the 
counties  of  DuPage  and  WiU,  do  hereby  authorize  and  request  J.  Hatch, 
member  to  said  convention  from  DuPage  county,  to  sign  my  name  to  the 
amended  constitution  for  me,  and  this  shall  be  his  authority  for  so  doing. 

SAMUEL  ANDERSON. 

Springfield,  August  30th. 

I  hereby  authorize  and  empower  Newton  Cloud  to  affix  to  the  new 
constitution,  adopted  by  the  constitutional  convention  of  Illinois  to  amend 
the  constitution,  my  signature  as  a  delegate  from  Pike  county. 

Dated  at  Springfield,  this  30th  day  of  August,  1847. 

MONTGOMERY  BLAIR. 

I,  FRANKLIN  S.  CASEY,  being  sick  and  unable  to  attend  in  the  conven- 
tion, do  hereby  authorise  my  co-delegate,  Walter  B.  Scatcs,  to  sign  my 
name  to  the  enrolled  constitution. 

F.  S.  CASEY. 
I    Springfield,  August  31,  1847. 

William  Thomas,  Esq.,  is  authorized  to  sign  my  name  to  the  constitu- 
tion about  to  be  adopted  for  the  state  of  Illinois — 30th  August,  1847. 

JAMES  DUNLAP. 

I  do  hereby  authorize  and  empower  David  Davis,  Esq.,  of  McLean 
county,  to  sign  the  constitution,  as  amended  by  the  convention  now  in 
session  in  the  city  of  Springfield. 

Witness  mv  hand  and  seal,  the  day  and  year  aforesaid. 

WILLIAM  H.  HOLMES.  [L.  s.J 

I,  URI  MANLY,  a  delegate  in  the  Illinois  constitutional  convention  from 
the  counties  of  Clark,  Edgar  and  Coles,  do  hereby  authorize  the  Hon. 
Zadok  Casey  to  sign  my  name  to  the  amended  constitution. 

Given  under  my  hand  and  seal  this  2Sthday  of  August,  1847. 

URI  MANLY,  |>s,J 

I  hereby  certify  that  JOHN  MIEURE  authorized  F.  S.  D.  Marshall,  in 
my  presence,  to  sign  his  name  to  the  constitution. 

D.  DUNSMORE. 


State  of  Illinois,  Sangamon  county: 

I,  GARNER  MOFFETT,  a  delegate  of  the  constitutional  convention  from 
the  county  of  Carroll,  do  hereby  authorize  Newton  Cloud  to  sign  my 
name  to  the  constitution  adopted  by  the  state  convention. 

Given  under  my  hand,  this  30th  day  of  August,  1847. 

GARNER  MOFFETT. 

In  presence  of  GEO.  W.  ARMSTRONG. 


Jugvst  31.]        JOURNAL  OF  THE  CONVENTION.  577 

The  members  having  thus  signed  their  names  to  the  constitution,  the 
secretary  and  assistant  secretary  appended  their  signatures  thereto,  in 
attestation  thereof. 

The  president  signed  the  two  separate  articles,  and  they  were  likewise 
attested  by  the  secretary  and  assistant  secretary. 

The  president  then,  in  pursuance  of  the  order  of  the  convention,  in 
open  convention,  delivered  the  enrolled  constitution,  schedule  and  two 
separate  articles  to  the  secretary  of  state,  for  preservation  among  the 
archives  of  his  office. 

After  a  pertinent  and  effecting  address  from  the  honorable  the  presi- 
dent, 

^n  motion  of  Mr.  Z.  Casey, 

The  convention  adjourned,  sine  die. 

HENRY  W.  MOORE, 

Secretary  of  the  Convention* 


INDEX 


TO  THE 


JOURNAL  OF  THE  CONVENTION. 


A. 


io 


PAGE. 

be  granted  to 

164 
4 

20 
92   133   208 


Absence,  leave  ot  not 

member, 
Adams,  Augustus,  attended, 

resolutions, 
amendments, 

218  263 

leave,     -  -  156 

Adjournment,  sine  die,  of  convention,  14")  217 

414  577 

Address  to  the  people,        -  -  532 

Agriculture,  -  -  394 

board  of,         -  -  394 

duties  of,      -  394 

Akin,  John  W.,  attended,  -  4 

resolutions,          -       23  167 

amendments,        23  165  280 

282  406 

leave,      -  -  187 

Allen,  Willis,  attended,    -  5 

reports,       -  192 199  253 

Allison,  Fisher.     See  Petitions. 
Allison,  Jesse.     See  Petitions. 
Alton,  invitation  to  attend  funeral, at,        182 
American  Independence,  celebration  of,     125 
Amendments  to  the  constitution,  arti- 
cle 12,    -  -  565 
Anderson,  Samuel,  attended, 

amendments,  -  214 

petitions.         -  129 

Appropriation^  how  to  be  made,  -  36 

Apportionments,    -  -      69,70,83,145 

committee  on,    -  71 

Apprenticeship  of  minors,  -  538 

Armstrong,  George  W.,  attended,  4 

resolutions  14 

amendments,  112  199 

203  229  230  240  272 

297338343351353 

356  367  374  397  404 

511 


PAGE, 

Archer,  William  R.,  attended,        -  5 

resolutions,  13  24  3042 

108 
amendments,  13  149  184 

212353 

reports,      72  86  104  189 

leave,  110269387 

Army  and  navy,  commander-in-chief  of,  175 

Asylum  for  the  deaf,  dumb,  and  insane,     111 

Assessors,  county  clerks  to  furnish  tax 

lists  to,          -  -  422 

Atherton,  Martin,  attended,  3 

Attorney  General,  election  of,  27  37  160  162 

248 

ineligibility  of,  82 

term  of  office  of,    160  162 

248 

salary  of,          160  162  248 
state's,  election  of,  38  162  248 

term  of  office  of,  160  162  248 
salar    of,  38162248 

county,  election  of,    98  141  387  409 
how  paid,  388 

Atwater,  William.     See  Petitions. 
Auditor  of  State,  election  of,          -    27  37  86 
salary  of,  -     27  37  86 

communi 
137 

term  of  service  of  8f) 

to  pay  members  per 

diem  and  milage  89 

to  give  information  92 

Auctioneers,  to  pay  tax        -  79  80  214 

B. 

Banks,  prohibited  within  this  state,    38  40  49 
51  7599  100101  108  137   139  140 
198  199  228229  231   283  288  291 
307365410 
paper,    to  prohibit  circulation 

of,  40  60  99  100  101  235  233  239 
290  365  410 


5SO 


INDEX. 


PAG 

Banks,  suspensions  prohibited, 75  102  103  13 

197230233251 
to  produce  forfeiture 
of  charter  13819823123 

25! 

issues  restricted,        -  42  46  6 

national,          -  -        60  10U  47 

stockholders,  individual  liabil- 
ity of,  75  100  103  107  138  139  19 

228  23 1  233  255 
-  feilf  holders  to  have  preference 

75  102103  107138  198231  23325 
officers,  embezzlement  by,  how 

punished,    7510110310719823 
charters  repeaiable, 
authorizing  creation  of,      -        99  19 
stock,  state  not  to  be  interested 

in,     -  -  -  10219 

state,  prohibited,          -     10313819 
charters   prohibited,    special 

acts  for,  -  103,13813923 
bills,  registry  of,  103  138  230  23 
restricted,  number  ofj  10 

lowest  denomination  of  bills,         10 
bills  not  receivable  for  taxes  or 

debts  due  state,  -  Wl 

stock  to  be  paid  in  before  issues 

are  made  -     10310723023: 

state  not  to  borrow  money  from     3 IE 

charters  to  be  published  before 

being   submitted  to  vote    of 

people    -  31  c 

to  redeem  their  notes  at  Alton 

and  Chicago        -  -  240 

capital,  amount  of  198  231  233 

Banking  laws,  general        60  100  101  103  197 
question  of,  to  be 
submitted  sepa- 
rately    to     the 
people,    6099  100101 
103  108  198  231   23 
256  283  288  290  291 
307  400 
to  be  submitted  to  the 

people,  75  107   108  138  199 

229-  040  0-52 

BalliRgall,  Patrick,  aue.-ded,  4 

resolutions,     -  9 

amendments,  115130  134 

451 

excused  from  serv- 
ing on  commit- 
tee to  report  ad- 
dress -  379 

Ballot,  voting  by  32  47  99  180  523  525 

Barbecue,  invitation  to  attend,        -  110 

Binding,  public,      -  5071311 

to    be   let  to  lowest 

bidder,  -  73  74  153 

JBilderback,  James.     See  Petitions. 

Blakely,  William  H  ,  attended,     -  4 

Blair,  Montgomery,  attended,        -  51 

amendments,  -  134 


PAGE. 

Bosbyshell,  William,  attended,       -  3 

resolutions,  -         32  92, 
amendments,     118   178 

202205471 

petitions       -  379 

leave,  201 

Borrowing  money,  state  restricted  in,  42  46  60 
Bond,  Ben.,  attended,         -  4 

resolutions,    -  -  6  92 

amendments,  -      149453 

Booth,  Lewis  M.,  secretary  pro  tern.,  3 

Boucherie,  Edward.     See  Petitions, 
Boice,  John  P.     See  Petitions. 
Boundaries  and  jurisdiction  of  state,  395  447 

544 

Bonds,  amount  of  internal  improvement,     152 
sterling,  152 

state  house,         -  152 

Brockman,  James,  attended,  3 

resolutions,       -    10  31  99 
amendment?,    51  127   215 

228267298311  467 
petitions,  173 

leave,    -  -  149 

Brown,  George  T.,  attended,  5 

resolutions,       -  148 

amendments,    153272361 

433  440  465 
communication  from 

Mr.  Keating,  182 

Brown,  Mrs.  and  daughters,  to  have  use 

of  senate  chamber,  102  197 
Brown,  L.  H.     See  Petitions. 
Jrown,  John.     See  Petitions, 
brokers,  to  pay  tax,  -  79  80  214 

Brayman,  M.,  to  superintend  printing  of 

constitution,        -  571 

Sutler,  Horace,  attended,  4 

resolutions,          943117120 
amendments,  117  135  153  195 

231 

petitions,  -  12,9 

leave,        -  -  394 

unsen,  George,  attended,  5 

resolutions,  -  104 

leave,        -  335 

lurns,  James.     See  Petitions, 
lyers,  William   M.     See  Petitions. 

c. 

'atdwelf,  Albert  G.,  attended,       -  4 

rules,  494 

sections,   -     498 

amendments  65  109  144 

193  194  228  283  288 

291  299  300  307  356 

447  463  510 

asey,  Franklin  S  ,  attended,         -  4 

asey,  Zadoc,  attended,     -  4 

chairman  pro  tern.,  3 

resolutions,  -  21  50  145 

amendments,  •      42  250 

reports,      -  97  104 147 


INDEX. 


581 


Campbell,  Thompson,  attended, 

resolutions,    44  98  148 

168 

amendments,    13  46  48 
112  125  157  165  188 
399  406  497 
asked  to  be  ex- 
cused from  serv- 
ing on  commit- 
tee on  Education,  96 
Campbell,  James  M.,  attended, 

lesolutions,      3189115 
amendments,  210  211  215 

267  404 
Canady,  John,  attended, 

resolutions,  9£ 

leave,  116 

Carter,  Thomas  B.,  attended. 

Capital  punishment,  to  abolish,  48  49  61  356 

462 

Canal  debt,  amount  of,  152 

Carner,  Stephen.     See  Petitions. 
Catlin,  Selh.     See  Petitions, 
Census,  69  74  83  87  145  367 

Census,  of  1845,  72  87 

Cemetery,  property  exempt  from  taxation,    80 
Churchill,  Alfred,  attended,  4 

resolutions,  60  89 

amendments,    39   121   153 
172  176  213  221  226  228 
reports,  394 

asked  to  be  excused 
from    serving    on 
committee  on  Ed- 
ucation, 96 
Churchill,  George.     See  Petitions. 
Church,  Selden  M.,  attended,  5 
resolutions,               46  98 
amendments,     23  88   114 
130190196317425458 

Choate,  Charles,  attended,  12 

leave,  115285 

Charters,  granting  of  prohibited,  28 

Church  property,  exempt  from  taxation,      79 
Chandler,  Charles.     See  Petitions. 
Circuits,  number  of  judicial,  159 

Citizenship,  a  qualification  for   voting,    196 
200  201  202  203  204 
qualification   for  holding 

office,  396 

Claims,  how  to  be  allowed,  74 

Cloud,  Newton,  attended,  5 

elected  president  of  con- 
vention, 6 
leave,                                    353 
thanks  of  convention  vo- 
ted to,                               540 
Clergy   invited    to    open   sessions    with 

prayer,  9 

Clerks  of  circuit  courts,  25  37  46  409 

to  give  information,          69 

terms  of  service  of,  162  163 


Clerks  of  circuit  courts,  salaries  of,  162 

duties  of,          160  162  163 
to  elect,   140  141    160   162 

164216 
of  county  courts,   to  elect,     140   141 

164  246 

terms  of  office  of,  164 
of  county  and   circuit  courts,   to 

tax,  115 

of  county    courts  to    furnish  tax 

lists  to  assessors,  422 

ineligibility  of,  390 

to  canvass  votes  for  representa- 
tives and  senators,  418 
recorder    to    perform    duties    of 


county, 


106  163  246 


of  supreme  court  to  give  informa- 
tion, 58 
communication  from,      61 
to  be  elected,    45  390  409 
Clergymen  of  Springfield,  resolution  in 

relation  to,    186 
197 

thanks  of con* 
vention  vo- 
ted to,  54ft 

Colby,  E.  F.,  attended,  4 

resolutions,  440  489 

Constable,  Charles  Unattended,  5 

resolutions,   19  84  301 

364 
amendments,      79  174 

178  345  365  387 
reports,  532 

leave,  109 

excused,  387 

ommittee  on  the  Executive  Department,  35 
Judiciary  Department,  35 

Legislative  Department,  35 

Bill  of  Rights,  35 

Incorporations,  35 

Revenue,  35 

Elections  and  Right  of   Suf- 
frage, 35 
Finance,  35 
Education,                                    35 
Organization  of  Departments,    35 
County  Organization,                   35 
Militia  ar.d  Military  Affairs,      35 
Revision  of  Articles  of  Con- 
stitution,                                  35 
Miscellaneous   Subjects    and 

Questions,  35 

Law  Reform,  35 

Apportionment,  71 

Agriculture,  Geology  and  Min- 
eralogy, 89 
Township  Organization,     87  173 
to  divide  State  into  three  Ju- 
dicial Divisions,                    352 
to    prepare    Address   to    the 
People,                                    364 


582 


INDEX. 


PAGE. 

Committee  to  procure  printing"  Constitu- 
tion     in    Norwegian    lan- 
guage, 490  515 
to  procure  printing  Constitu- 
tion iu  German  Language,  490 
515 

Schedule,  518 

Standing  to  consist  of,  14 

reports  of,  11 

of  the  whole,  reports  to  be  re- 
ferred to,          108 
to-be  discontinued,  156 
Convention,  defining  powers  and  duties  of,  13 

14  1820  35 

Contingent  expenses,  74  134 

Constitution,  to  print  copies  ol  state,  for 

use  of  convention,  21 

to  amend,  90  91   199  507 

to  print  amended,  363  515 

preamble  to,  395 

the  amended,  544 

absent   members  permitted 

to  sign,  574 

Common  schools,    state    supeiintendant 

of,  31    59  98  104   110  129 
137  143  151  156172 


countyj 


31 


Commons,  136  146  192460  519 

Compensation,  no  extra,  to  be  allowed,     36 
Committees,  list  of  standing,  to  be  prin- 
ted, 36 
Commander-in-chief  of  army  and  navy,  175 
Congress,  time  of  holding  elections  for 

members  of,  38 

ineligibility  of,  82 

Commission  merchants  to  pay  tax,  79  80  214 
Collectors,  ineligibility  of.  82  133 

Constables,  election  of,  .  409 

Copying  journals  to  be  let  to   the  lowest 

bidder,  83 

Committee  on  Revision  authorized  to  em- 
ploy clerk,  435 
Corporations,  article  10,  561 
Coroner,  term  of  office  of,  164 
to  elect,                      140  141   164  409 
Committee,  instructions  to,  on  Law  Re- 
form. 73 
Grain,  John,  attended,  5 
resolutions,                                92 
amendments,                    229  298 
reports,        206  224  228  309  315 
Crawford,  Bryce.     See  Petitions. 
Criminal  prosecutions,  to  regulate,                48 
Crouch,  Phineas.     See  Petitions. 
Cross,  Samuel  J.,  attended,  5 
leave,                                363 
Cross,  Robert  J.,  attended,                             5 
petitions,             142185189 
amendments.   131    155    157 
176  273  277  303  378  459 
Council  of  Revision,  to  abolish,     19  25  27  41 
Counties,  new,                        31  59  187  436  437 
to  change  lines,  92  141  187  431  433  438 
516 


PAGE, 

County  seats,  re-location  of,  97  432  433  435 
unorganized,  106  436 

division  of,  432 

County  officers,   for  misdemeanor,  pun- 

ishment of,  405 

Counties  may  adopt  township  organiza- 

tion, 446 

Counties,  article  7,  561 

County  surveyor,  term  of  office   of,  164 

to  elect,  140  164  409 

courts,  jurisdiction  of,    106    140    163 

164  216- 
clerk  of,  to   be    ex  officio 

recorder,  "    106  376 
compensation  of,    106 

163  217  376 
to  have  power  to  reduce 

fees  of  officers,  106 

pleadings  to  be  oral,    106  216 
appeals  from,  106  216 

to  meet  quarterly,  106  163  216 
restricting,  in  contracting 

debts,  129 

of  record,  2659  139  164 

to  'establish,    38    105    163  216 

245  351  365  367 
Courts,   to  abolish  county   commission- 

ers', 43  58  105  129  173  216 

to  abolish  probate,  60  105216  24o  356 
to  establish  probate,  140  354 

jurisdiction  of  probate,  140 

supreme,  how  composed,  25  27  45  159 

160  161  244 
salary  of  judges  of,  27  45159 

160245 

jurisdiction  of,       159  161  244 
terms,  where  held,  159  244  347 

391  396  405  530 
Counties,  prescribing  size  of,  139  140 


Dale,  Michael  G.,  attended,  3 

resolutions,  36 

amendments,  155  157    184 

450 

petitions,  450 

Davis,  David,  attended,  4 

resolutions,  45 

amendments,      134  144  177  195 

489 

petitions,  77  129 

Davis,  James  M.,  attended,  5 

resolutions,  132547  111 

amendments,  134  165  178 

179  228  229  322  386  469 

497504516 

leave,  285 
Davis,  T.  G.   C.,  attended, 

resolutions,  48  98 

amendments,  187 

reports,  161  180 


INDEX. 


583 


PAGE. 

Dawson,  John,  attended.  5 

resolutions,     42  48  77  87  164 

amendments,  112  153  175  178 

202  203   213  220  221    227 

269  376  423 

reports,  248 

Deitz,  Peter  W.,  attended,  5 

amendments,   68  78  91  115 

124  133215  304320  356 

474  502 

petitions,  177 

Dement,  John,  attended,  4 

resolutions,        12  36  42  540 

amendments,  207  253  299  322 

332  491 

reports,  6781246 

leave,  110  363 

Debt,  amount  of  state,  151 

amount  of  internal  improvement,  152  186 

amount  of  canal,  152 

state,  not  to  be  affected  by  change  of 

constitution,  523 

to  provide  for  payment  of  state,   194  488 

498  516 

Department  of  state,  395 

District  attorneys,  .        25 

compensation  of,  25 

term  of  office  of,  25 

Districts,  senatorial,  '       415 

representative,  415 

Divorces,    legislature    prohibited    from 

granting,  83  254 

Divorce  of  bank  and  state,  112 

Division  of  state  into  judicial  districts,   161 

194  244  345 

Doctors  to  pay  tax,  215 

Dodge,  Reuben  D.    See  Petitions. 

Duelling/to  suppress,         87  255  465  466  472 

oaths  of  officers  in  relation  to,    4i"2 

Dummer,  Henry  E.,  attended,  4 

petitions,  129  200 

leave,  187  270 

Dunn,  Harvey,  attended,  5 

leave,  110  335 

Dunlap,  James,  attended,  .  5 

amendments,  240 

Dunsmore,  Daniel,  attended,  5 


E. 


50225539 
91    193  409 


Eccles,  Joseph  F.,  attended, 
resolutions, 
amendments, 

432  453 
leave,  109 

Edtnonson,  John  W.  F.,  attended,  4 

resolutions,  26  41  540573 
amendments,  43  198  394 
leave,  109 

excused  from  serving 
on  committee  on 
Incorporations,  46 


PAGE. 

Edwards,  Cyrus  W.,  attended,  5 

resolutions,  9  148  194  484 
amendments,  102  321  398 

488 

reports,  506 

petitions,  129 

asked  to  be  excused 
from      serving     on 
committee  on  Edu- 
cation, 95 
Edwards,  Ninian  W.,  attended,  5 
resolutions,  74  77  125 

475 

amendments,  127  134 
135  145  149153  155 
188211229  280  305 
361  430  433  464  498 
523  531 

petitions,  379 

to  superintend  prin- 
ting of  constitu- 
tion, 574 

Evey,  Edward,  attended,  5 

resolutions,  25 

amendments,  191  195 

petitions,  50 

leave,  285 

Education,  31 

committee  on,  12  35 

Elections,  committee  on,  12  35 

change  of  time  for  holding,  30  99 

to  prohibit  betting  at,  47 

of  members  of  congress,  38 

Elective  franchise,  283243 

Elliot,  William.     See  Petitions. 

Etnmerson,  Sylvester.    See  Petitions. 

Emigration  to  this  state,  458 

Ewing,  James    T ,  appointed    assistant 

clerk,  77 

compensation  of,  539 

Executive  Department,  to  organize,  28 

power  in  whom  vested,  61 

Exemption  of  certain  property  from  sale,    56 

Ex  post  facto  laws  prohibited,    41  59  74  253 

F. 

Farwell,Seth  B.;  attended,  5 
amendments,  213    223    229 

334  356 

petitions,  45  172  192 
Feaman,  Jacob,   See  Petitions. 

Felony,  embezzlement  of   bank  officers 

declared,  102 103 

Ferries,  tax  on,  79 
Furguson,  resolution  in  memory  of  Lieut.  182 

Fletcher,         do                   do    "  do       182 

Finance,  committee  on,  12  35 

report  of,  58   396  488 

509 

Frick,  Frederick,  attended,  5 

leave,  212 


584 


INDEX. 


PAGE 


French  and  Irish  languages,  to  print  con- 


stitution in 


Fuel  to  be  furnished  by  lowest  bidder, 
Fugitives  from  justice, 

G. 


44 

s; 

46c 


Gaylor,  Charles  H.,  to  have  use  of  the 

hall,  30 

Geddes,  Thomas,  attended, 

resolutions,  32  88 

amendments,    65     116  162 

213  285  289  340  345 

General  orders,  12 

General  assembly,  duties  of, 
Geological  survey  of  state,  •        894 

German  language,  to  print   constitution 

in,  440  490 

Governor  to  be  permitted  a  seat  within 

bar,  1 

term  of  office  of,  2248  62  72 

power  of,  to  appoint  secretary 

of  state,  38  64 

salary  of,  48  62157  318324 

how  chosen,  62 

ineligibility  of,  62  155 

qualifications  necessary  for,        62 
official  oath  of,  62 

powers  of,  62  63  395 

message  of,  62 

shall  be  commander-m-chief  of 

militia,  62 

to  have  veto  power,  63 

communication  from,  151 

time  of  electing,  155 

persons  not  citizens  ineligible 

to  office  of,  155 

to  reside  at  seat  of  government,  157 
to  be  ex  officio  fund  commis- 
sioner, 158  320 
to    fill  vacancies  in    supreme 

court,  160 

officers  to  be  commissioned  by,  390 
and  senate  to    appoint  judges 

of  supreme  court,  337  340 

Governor,  Lieut.,  election  and  duties  of,     37 

327 

to  abolish  office  of,  44 

how  chosen,  63 

qualifications  of,  63 

duties  of,  63 

liable  to  impeachment,        63 

compensation  of,  63 

Government,  how  divided,  22 

distribution  of  powers  of,  22  24 

courts  to  be  held  at  seat  of,  193 

Graham,  James,  attended, 

amendments,  -  128  387 

Green,  W.  B.,  attended,  4 

Green,  Peter,  attended,  10 

leave,  90 

Green,  Henry  R.,  attended,  10 

leave,  225  357 


PAGE. 

Gregg,  David  L.,  attended,  34. 

resolutions,        196  540  574 

amendments, 75  252  316  334 

reports,  87  415 

Grimshaw,  William  A.,  attended,  5 

resolutions,    32  494 

amendments,        466 

leave,  269 

Grocery  keepers  to  pay  tax,  79  80  214 


H. 


Hawley,  Nelson, attended, 
resolutions, 
amendments, 
petitions, 
Hawkers  to  pay  tax, 
Hall,  Rev.  Mr.,  to  excuse, 


4 
111 

460 
151 
79 

167  168 

Hanna,  John  C.'    See  Petitions. 
Harlan,  Justin,  attended,  4 

Harper,  Joshua,  attended,  4 

Harvey,  Curtis  K.,  attended,  4 

resolutions,  21  41 

amendments,  10  113  114 
134  143  150  193  209229 
232  297  306  396  449  463 
465 

reports,  137  139 

Harding,  Abner  C.,  attended,  5 

resolutions,    98   146  174 
amendments,  69  70    111 
113    127    165  171   176 
196343344347 
Hayes,  S.  Snowden,  attended,  5 

resolutions,  20  73  156  197 
amendments,  70  127  350 
-     .    184   204    209  241  256 

317  449  462  493 
reports,      61  101  110309 
Hay,  Daniel,  attended,  5 

resolutions,  574 

amendments,    33    113  214  266 
296  '317 

lardin,  Col.,  resolution  in  memory  of,       148 
lart,  Barnabus.     See  Petitions, 
latch,  Jeduthan,  attended,  4 

lenderson,  Hugh,  attended,  6 

resolutions,  72 

petitions,  379 

leacock,  Reuben  E.,  attended,  4 

litchcock,  J.  J.     See  Petitions. 
Hill,  George  H.,  attended,  4 

resolutions,  125 

amendments,  114 

petitions,  129 

Hoes,  Abraham,  attended,  4 

petitions,  110 

Holmes,  William  H.,  attended,  5 

amendments,        130  433 


reports, 


143 


INDEX. 


585 


Hogue,  James  M.,  attended, 

amendments,  107   11313 
145  17822623234334 
399  489 
Household   furniture  from    taxation,  to 

exempt,  79  8 

Houghton,  Lieut.,  resolution  in  memory 

of,  14 

Houston,  John,    See  Petitions. 
Howe,  Stephen.  do 

Hollister,  M.  E.,  do 

Huston,  John,  attended, 

leave,     '  20 

Hunsaker,  Samuel,  attended, 

leave,  22 

Hurlbut,  Stephen  A.,  attended,  1 

amendments,    49     13 
184  215  343  344  37 
404 
reports,  16 

I. 

Illinois  Colonization  Society  to  have  use 

of  hall,  50 

Impeachments,  82  160  162  172  245  40( 

Ice,  sergeant-  at-arms  to  contract  for,  8-1 
Internal  improvement  debt,  amount  of,  152 
Internal  improvements,  39^ 

Incorporations,  committee  on,  12  3 

Incorporation,  special  acts  of,  7 

Incidental    expenses    of    state    govern- 

ment, 50  7 

Individual  liability,  75  100  103    107  138  139 

228  231  255 

Inn  keepers  to  pay  tax, 
Invitation  to  attend  funeral  at  Alton,        182 
Irish  and  French  languages,  to  print  con- 

stitution in,  44c 


J. 


Jackson,  Aaron  C.,  attended, 
petitions, 
leave, 

Jarnes,  James  A.,  attended, 
leave, 

Jenkins,  Alexander  M.,  attended, 


172 
216 
5 
173 

4 

resolutions,  26  141 
amendments,  203  453 
reports,  64  139  141 

187 

petitions,  224 

leave,  285 

Jewett,  Samuel  H.  W.     See  Petitions. 

Jones,  H.  B.,  attended,  5 

resolutions,  43 

amendments,  157  178   179    190 

360 

reports,  79  195 

petitions,  56 

leave,  252 


PAGE. 

Journal,  allowing  protests  to  be  entered 

on,    ~  14  82 

of  convention,  73 

on  final  passage 
of  laws  the  yeas 
and  nays  to  be 
entered  on,  74  82  88 
to  print,  190 

number  of  copies 

of,  190 

Judd,  Thomas,  attended,  4 

Judicial  power,  how  vested,  38  45  159    161 

244 

Judiciary,  vacancies  in,  how  filled,  161  244 
Department,  committee  on,  12  35 
committee,  reports  of,   58  87  102 
159  161  163  182  183  186  187  190 
192  518 

change  of,  18  22  45 

Judges,  salaries  of,    19  22  38  45  159  160  161 

162  217  245  251  378  390 
election  of,  25  38  129  159  160  161    188 

216  244249  338  390  405  491  531 
term  of  service  of,   38  45  160  161  1S8 

191  216  249  390 
ineligibility  of,  43  45  82  160  162  245 

334  338 
of  supreme  court,  governor  to  ap- 


point, 


337  340 


county  and  associate,  to  elect,  105  163 

216 

pay  of,  105  163  217 

terms  of  office  of,  163 

jurisdiction  of,     '  163 

Fugglers  to  pay  tax,  79 

Juries,  exempting  certain  persons  from 

serving  on,  97  110 

rurisdiction  of  supreme  court,  161  244 

Justices  of  the  peace,  duties  of,         160  246 

jurisdiction  of,  160  246 

to  compose  county 

court,  164 

term  of  office  of,  164  246 

ustice,  fugitives  from,  465 


K. 

Kenner,  Alvin  R.,  attended,  4 

resolutions,  88  92 

amendments,  65  91   128130 
149  151  175  179  188  196 
200  215  229271  276  297 
307  404  507 
Keyes,  James  W.,  administered  oaths  to 

members,  10  14  34  51 

[eating,  Edward,  communication  from3    182 
Cinney,  Simon,  attended,  3 

amendments,          114213270 
orders,  483  485 

Cinney,  William  C.,  attended,  5 

resolutions,  98  200 

amendments,         30  193 


586 


INDEX. 


PAGE. 

Kinney,  William  C.,  reports,  139 

petitions,  185 

leave,  335 

Kitchell,  Alfred,  attended,  5 

resolutions,     30  88  107  515 

amendments,  30  44    91  134 

179  184  185  190  191    193 

211  222  449460462 

leave,  173  336 

Kline,  William  J.,  door  keeper  pro  tern,,      3 

Knapp,  A.  R  ,  attended,  4 

resolutions,  186 

amendments,    153    157    193 

210  221  440  449  469  472 

reports,  538 

Xnapp,  N.  M.,  attended,  5 

resolutions,        19  47  105  168 

amendments,  171  193  424  465 

reports,  395  439 

leave,  335 

Knowlton,  Lincoln  B.,  attended,  5 

resolutions,  111 

amendments,  13  165  303  343 

446 

petitions,  156  172 

leave,  225 

Knowlton,  Jesse  L.      See  Petitions. 

Knox,  James,  attended,  4 

resolution,  76 

amendments,  130,  174  203 

Kreider,  George,  attended,  4 

leave,   .  163 

L. 

Ladies  of  Presbyterian  church  to   have 

use  of  senate  chamber,  494 
Lamberson,  David  B.    See  Petitions. 

Lander,  Samuel,  attended,  4 

leave,  116 

Lands,  tax  on  public,  87 

Lasater,  James  M.,  attended,  34 
•Laughlin,  William, attended, 

amendments,            41  114 

leave,  202 
Lavely,  William,  administered  oaths  to 

members,  6  12 

Law  Reform,  committee  on,  35 

reports  of,  61  101 

110    309  395 
439    492 
Laws,  to  borrow  money  to  be  submitted 

to  the  people,  83 
amended,  to  be  printed  with   ori- 
ginal act,  88 
not  to  be  in  force  till  after  being 

published  and  circulated,        89  101 

to  be  printed  in  English  only,  98  310 

commissioners  to  codify,  98 

revision  of,  309 

Lawyers  to  pay  tax,  215 


Legislative  Department,  committee  on,  12  35 
reports  of,  6781  102 
104  115  127  142 
144  145  149  157 
165  171  173  175 
177 

authority,  how  vested,  81 

Legislature,  times  of  convening,  21  25  26  27 

38  42  43  48  99  171  208 
length  of  sessions  of,  25  26  27  38 

42  43  50  72  129 

powers  and  duties  of,  25  27  88  135 
number  of  members  of,  39  42  43 

48  50  67  68  129 

powers  and  duties  of,  25  27  88  135 
number  of  members  of,  39  42  43 

48  50  67  68  J29 

per  diem  pay  of  members  of,  38 
424348  5071  728289129  130 
157  278 
ineligibility  of  members  of,  46  74 

82  280  282 

first  election  for  members  of,  81 
qualifications  of  members,  82 
members  of  privileged  from 

arrest,  82 

per  diem  pay  of  officers  of,       132 
to  divide  state  into  60  coun- 
ties, 438 
number    of    officers  of  to  be 

limited,  47 

majority  of  all  the  members 
of  the,  necessary  to  pass 
bills,  74 

mileage  of  members  of,  71  72  82 
Legislation,  restriction  of,  83  296 

Leland,  S.   W.    See  Petitions. 
Lemon,  George  B.,  attended,  4 

amendments,  127  156  438 
leave,  98  217 

Life  offices,  to  abolish,  .  100 

Limiting  members  in  the  time  of  speak- 
ing, 31  220 
Linley,  Isaac,  attended,  4 
resolutions,                                52 
amendments,                              52 
Little,  A.  G.    See  Petitions. 
Lockwood,  Samuel  D.,  attended,                14 
resolutions,  58  158  168 

538 

amendments,  135  175 
190  222  227271  282 
303  402406  419  426 
460 

reports,  61 

Logan,  S.  T.,  attended,  5 

resolutions,        895351445538 

amendments,  14  34  65  73  78  132 

135143  154  156   157  168  177 

179  184  187  196220  232  251 

374  405  440  444  463  490  502 

523  524  531  538 

repoits,  419 


INDEX. 


587 


Lotteries, 

Louden,  John  T.,  attended, 
resolutions, 
leave, 

M. 


PAGE. 

5982 

5 

21 

187 


Manly,  Uri,  attended, 

Maps  for  Judiciary  committee,  77 

Marshall,  Thomas  A.,  attended,  4 

resolutions,  32 

amendments,      91 345 

leave,  115 

Markley,  David,  attended,  4 

resolutions,  40 

amendments,    33  99  145  147 

157  215  221  232  263  265 

307  343  378  392  404  431 

432  437 

sections,  390 

leave,     '  74  187 

Marshall,  F.  S.  D.,  attended,  5 

resolutions,  97 

amendments,  112  178  191 

212296440 

sections,  390 

Mason,  John  West,  attended,  4 

amendments,  176  202  203 

301 

Matheny,  James  H.,  attended,  5 

Mays,  Valentine.     See  Petitions. 

McCallen,  Andrew,  attended,  4 

resolutions,  132549443 

amendments,  13334860 

113  128  133   149   171 

^172  210  211  226  229 

232  268  277  326  429 

440  462  478 

McIIatton,  Alexander,  attended,  3 

leave,     '  201 

McCully,  John,  attended,  5 

leave,  199 

McClure,  William,  attended, 
McLean,  Hon.  John,  invited  within  the 

bar,  12 

McMillen,  Oscar  F.     See  Petitions. 
McGutfey,  Professor,  to  have  use  of  hall,  484 
Members"  not  to  receive  pay  while  absent,  115 

116  117  118  119  120  124 
be  allowed  stationery,         124 
Mieure,  John,  attended, 

Militia  and  military  affairs,  ^   2035 

Militia,  governor  to  be   commander-in- 

chief  of,  6v 

fines,  88 

officers  elective,  98  144 

duty,  poll  tax  in  lieu  of,  88 

organizing  companies  of,          88  14< 

organization  of,  14c 

article  8th  of  constitution,  562 

Miller,  Jam*>s.     See  Petitions. 

Miller,  Robert,  attended, 

leave,  163 


PAGE. 

Minshall,  William  A.,  attended,  5 

resolutions,     18   19  69 
amendments,       6  146 

177,  343  508 
reports, 
leave, 

Minority  of  males  and  fe/nales,  396 


Minors,  apprenticeship  of, 


538 

MinimumVssessment  of  lands  for  taxation, 426 
Miscellaneous  Subjects,  committee  on,  20  35 
Moffett,  Garner,  attended, 

resolutions,  49 

amendments, 

petitions,  143  172 

Moore,  Goorge  S.,  attended,  4 

leave,  201 

Morris,  Richard  G.,  attended, 

leave,  163 

Moore,  Henry  W.,  secretary  pro  tern., 

elected    secretary   to 

convention,  7 

thanks  of  convention 

voted  to,  540 

Morrell,  John.     See' Petitions. 
Mortimer,  Benjamin,  address  of,  174 

Money,  to  tax,  230 

Mount  Vernon,  supreme  court  for  1st  di- 
vision to  be  held  at,       419 
Morgan,  Win.     See  Petitions. 

N. 

National  bank,  60  100  473 

Naturalization,  to  enforce  of  foreigners,  130 
Negroes,  prohibiting  from  coming  into 

the  state,  3192939495 

laws  relating  to,  95  255  453  457  464 

467  469  475 

question  to  be  submitted  sepa- 
rately to  the  people,  452 
New  counties,                       31  59  187  436  437 
Nichols,  Jacob  N.,  attended, 

petitions,  156 

Niles,    Capt.    Franklin,    resolutions    in 

memory  of,    280 
Norton,  Jesse  O.,  attended, 

amendments,  51  165 

leave,  225 

Northcott,  Benjamin  F.,  attended,  5 

resolutions,  26 

amendments,  146153 

179215 
Norwegian  language,  to  print  constitution 

in,  490 

0. 

Oaths,  administered  to  members,     6  10  12  14 

3451 

of  officers  in  relation  to  duelling,  472 
Oath,  to  support  the  constitution  of  Uni- 
ted States,  6  83 


588 


INDEX. 


Officers  to  be  ineligible  to  all  otheroffices  Petitions,  Houston,  John, 


during  their  term,          100  104  217 
Oliver,  John,  attended,  4 

amendments,  175 

Order  of  proceeding  in  convention,  36 

Organization  of  Departments,  committee 

on,    12  35  59 
Ottawa,  supreme  court  for  3d  division  to 

be  held  at,  489 


P. 


Palmer,  James  M.,  attended,  5 

resolutions,        9  25  168  482 
amendments,  33  114  128  267 
352 
482 
173 
5 

180 
10402 
357 
5 

116 
28  4249171 


reports, 
orders, 
leave, 

Palmer,  Henry  D.,  attended, 
resolutions, 
amendments, 
leave, 
Pace,  George  W.,  attended, 

leave, 

Pardoning  power, 

Peoria,  removal  of  seat  of  government  to,  111 
Personal  property,  to  tax,  2  1  4 

Pedlers  to  pay  tax,  79  80  214 

Persons  not  to   be  released  from  liability 

to  the  slate,  74 

Peters,  Onslow,  attended,  5 

resolutions,  20 

amendments,  130  171  172  178 
188  196303317523 


Petitions,   Adams,  Darius,  185 

Atwatcr,  William,  212 

Allison,  Fisher,  172 

Allison,  Jesse,  185 

Brewster,  J.  R.,  192 
Boice,  John  P.,                    365410 

Belderbeck,  James,  56 

Bascor,,  C.  L.,  104 

Byers,  William  M.,  129 

Burns.  James,  130 

Boucherie,  Edward,  143 

Brown,  L.  H.,  146 

Brown,  John,  156 

Chandler,  Charles,  201 

Crouch,  Phineas,  224 

Crawford,  Bryce,  71 

Churchill,  George,  129 

Carner,  Stephen,  173 

Catlin,  Seth,  186 
Citizens  of  state, 
Dodge,  Reuben  D., 
Elliott,  William, 

Emmerson,  Sylvester,  129 

Fellows,  Charles  A.,  110 

Feaman,  Jacob,  136 

Grimsley,  H.  J.,  95538 

Hollister,  M.  E.,  189 

Hitchcock,  J.  J.,  224 

Hanna,John  C.,  335 


PAGE. 

151 

172 
177 

379  538 
172 
172 
143 
151 

45  224  228 
129 
136 
172 
180 
77 
301 
379 
50 
451 

177  518 
188  199 
224 
379 
129 
156 
5 

216 
3 
99 


Hart,  Barnabas, 
Howe,  Stephen, 
Jewett,  Samuel  H.  W., 
Knowlton,  Jesse  L., 
Little,  A.  G., 
Leiand,  S.  W., 
Lamberson,  David  B., 
Morgan,  William, 
Miller,  James, 
McMilien,  Oscar F., 
Morrell,  John, 
Mays,  Valentine, 
Proctor,  Daniel, 
Richardson  R.  H., 
Simpson,  Daniel  T., 
Shelby  county, 
Stafford,  James, 
Smith,  John, 
Tuttle,  Albert, 
Walker,  Charles  T., 
Wads  worth,  Daniel, 
Waterman,  A., 
Wilmot,  Asahel, 
Pinckney,  D.  J.,  attended, 
Pleadings  to  be  oral, 
Powers,  William  B.,  attended, 
resolutions, 
amendments,  52150172 

318  322  370 

leave,          202 
Poll  tax,  to  authorize,  26  50  52  80  98  202  213 

214  420 

question  to   be  submitted  sepa- 
rately to  the  people,  51  79  2 12  420 
on  whom  levied,  51  52212 

amount,  5152212 

proceeds  how  disposed  of,  51  105212 
in  lieu  of  military  debts,  88 

Polls,  to  preserve  order  at,  203 

Poultry,  exempt  from  taxation,  80 

Pratt,  O.  C.,  attended,  4 

resolutions,  49 

amendments,     4049  155  184274 

283  327  338  528 

sections,  391 

reports,  396 

Preamble  to  amended  constitution,     395  511 
President  of  convention  to  order  pay 

rolls  to  be  made  out,        445 
convention  to  deliver  enrol- 
led constitution  to  sec- 
retary of  state,  540 
45   Printer,  election  of,                   13  18  37  99  311 
129   Printing,  to  receive  proposals  for,   8  13  42  82 
56                         153 


amount  paid  for, 
of  constitution. 


5071 
363 

in  German  language,  440 
Irish  and  French,  443 


Princeton,  supreme  court  for  3d  division 


to  be  held  at, 


419489 


INDEX. 


589 


Probate  court,  to  abolish,  60  35 

to  create,  35 

to  prohibit  lawyers  from 

practising  in,  356 

Proctor.  Daniel.     See  Petitions. 
Property  in  municipal  corporations  to  be 

taxed  same  as  other  property,  43( 
Punishment  of  county  officers  for  misde- 
meanors, 405 
to  abolish  capital,     48  49  61  35t 
462 

Q. 

Qualification  for  voters,     111  196  200  201  202 
203  204 


K. 


Ratio  of  representation,  32  38  69  70  146 

Recorder,  to  abolish  office  of  county,    60  106 
to  be  county  clerk,  163  464 

Registers,  ineligibility  of, 
Reports  of  committee  on  Organization  of 

Departments,  72 
6486  104  139140 

141  189  195  448 
Judiciary,  58  87  102 

159  161  163  182 
183  186  187  190 
192  518 

Finance,  58  396  488 
509 

Law  Reform,  61  101 
410    309  395   439 
^    492 

Executive    De- 
partment,      61  73 
102316 

Legislative  De- 
partment,     67  81 
102   104   115    127 

142  144    145    149 
157    165    171    173 
175  177 

Education,      78  352 

496 

Revenue,    79  97  110 
147    212  220  221 
226411  419  422 
Bill  of  Rights,     102 
192  199  253  447  538 
Miscellaneous 
Subjects    and 
Questions,  102216 
224    228    309  315 
487 

Militia,  110  143210 
Incorporations,    137 

139  228 

Elections    and 
Right  of  Suf- 
frage, 180  196  200 
201201 


Reports  of  committee  on  Counties,      187  430 
Revision  of  Arti- 
cles of   Con- 
stitution, 506j>ll 
540  541 

Schedule  518 

Reports  of  special  committee  to  prepare 

an  address  532 
on   organi- 
'/ation    of 
townships 
&c.,      440  445 
agriculture,  394 
515 

commons,     411 
to      divide 
state   into 
districts,.    415 
419  477 
standing  committees  to  have 

precedence,  40 

committees  to  be   referred  to 

committee  of  the  whole,       108 
Reporters  to  be  allowed  seats  within  the 

bar,  9 

Representatives,  how  and  when  elected,      38 
qualification,  38 

per  diem  pay,  38 

number  of,  50  81 

Representative  districts,  416 

Resolutions,  motions,  and  notices,  1 1 

Retrenchment  to  be  observed,  26 

Revenue  to  be  collected  in  gold  and  silver,  223 
committee  on,  12  35 

information  in  relation  to,  22 

article  9th  of  constitution,  563 

Revision,  council  of.     See  council. 

articles  of  constitution,  com- 
mittee on,  35 
of  laws,                                 390  494 
Reynolds,  H.  G.,  elected  assistant  secre- 
tary, 17 
thanks    of  convention 

voted  to,  540 

leligious  tests,  453 

lichardson,  R.  H.     See  Petitions. 
Rights,  declaration  of,  article  13  of  con- 
stitution, 566 
committee  on  bill  of,  35 
declaration  of,      21  26  56  253  312  449 

462460463471 

ives,  George  R.,  attended,  4 

Robinson,  Beniah,  attended,  5 

Rountree,  Hiram,  attended,  5 

resolutions,  26  88 

amendments,    50  112  132 

508 

Robbins,  Ezekiel  W.,  attended,  5 

resolutions,  14  30  68 

90  185 

amendments, 20  33  39 
112  190  207  229 
231  279313356 


590 


INDEX. 


PAGE. 

Robbins,  Ezekiel  W.,  petitions,  56   136  J80 

301 

Roman,  Win.  W.,  attended,  5 

amendments,  196  200  204 

214  269 

Road  tax,   _  5280212 

Robbins,  Lieut ,  resolution  in  memory  of,  182 

Rules  for  government  of  convention,  10  11  12 

to  print,  18 

s. 

Sabbath  convention,  invitation  to  attend,  110 

Salaries  of  public  officers,  36 

Schedule,  518  540  568 

Schools,  state  superiotendant  of  common,    31 

5998  104  110  129  137  143  151  156 

172  200  352  379  451  496  497 

School  fund,  certain  taxes  to  be  applied  to,   42 

college,  and  seminary  fund,    77  78  79 

98  352  502 

fund,  total  amount  of,  152 

to  pay  interest  on,  79 

militia  fines  to  be  appropri- 
ated to,  88 
lands,  to  tax,  97 
commissioners  to    collect  school 

fund,  98 

funds  to  be  invested  in  state  bonds,  98 
held  in  good  faith  for 

purposes  ofeducation,  98 
proceeds  of  certain  taxes  to 

be  applied  to,  42 

districts,  to  divide  state  into,  104 

seminaries  to  be  estab- 
lished in,  104 
director  to  be  appointed  in  each 

district,  105 

no  preacher  of  the  gospel 

to  be  appointed,  105 

assistant,  to  be  chosen,      105 

salary  of,  105 

directors,  meetings  of,  105 

pay  and  mileage  of,         105 

teachers,  examination  of,  105 

legislature  to  provide  system  of 

common,  352 

Scates,  Walter  J3., attended,  4 

resolutions,  6  22  25  28  29 

69  87  98  135  362  363 
'amendments,   19  47  67  68 
85  100  111  127  133  134 
135  151   153  156  164  172 
196  204  213215222223 
228  267  2h  2  296  299  301 
302  312  322332343376 
397  504  530 
sections, 

orders,  572 

reports,        58  159  161  518 
Seat  within  the  bar  to  bt  allowed  offi- 
cers stated,  12 


PAGE. 

Seat  of  government,  location  of,  46 

Secretary  of   state,  to   be    allowed   seat 

within  the  bar,  12 

to  give  information 
in  regard  to  school 
fund,  20 

election  of,  27  86  326  327 
salary  of,  27  36  86  327 
to  procure  books  and 

recording  of  journal,    30 
printing   and  binding 

ofjournal,  30 

communication  from,  34 
power  of  governor  to 

appoint,  36 

how  elected,  3781  327 
qualifications,  37  81 

per  diem  allowance,  37 
governor  to  nominate,  64 
duties  of,  64 

to  let  binding  to  low- 
est bidder,  73 
ineligibility  of,               82 
term  of  office,                 86 
to  distribute  constitu- 
tion to  members,      574 
Secretary  to  elect  assistant    to  conven- 
tion,                                        13  17 
additional,                                        64 
pay  of,                                             73 
duties  of,                                          73 
of  convention  to  distribute  jour- 
nal to  members,                         538 
Senatorial  districts,  to  divide  state  inio,     69 
districts,                                       415 
Senators,  number  of,                                      81 
classification,                            81  415 
ineligibility  of,                                82 
Serjeant-at-arms,  election  of, 

assistant,  13  17 

to  remove  carpet  from 

hall,  197 

to  replace  carpet,          200 
Servant,  Richard  B.,  attended,  5 

resolutions,          97  186 
amendments,  85  114  128 
176  185    188  277  337 
388  472 

reports,  192 

petitions,        71136146 
Sharpe,  Thomas  C.,  attended,  4 

resolutions,  31  97 


amendments. 


112  150 


leave,                     51  163 

Scrip,  amount  of  internal  improvement,  152 

Sherman,  Francis  C.,  attended,  4 
resolutions,           69  197 

amendments,  68  69  215 
226  230  363 

reports,  58 

leave,  393 


INDEX. 


591 


PAGE. 


19 

44  58  82  9S  406 

98140  164406 

164 

4 

30 

191  516 
79 


Sheriffs,  defining  duties  of, 

ineligibility  of, 

election  of, 

terms  of  office  of, 

Shields,  William,  attended, 

resolutions, 

amendments, 

Showmen  to  pay  tux, 

Shmnway,  D.  D.,  attended.  4 

resolutions,  36  40  46  47  122 

amendments,  30  40  47  87 

109  113     133     157    190 

193  194  196  270473 

Sibley,  John,  attended,  5 

amendments,  128  179 

Simpson,  Lewis  J.,  attended, 
Singleton.  James  W.,  attended,  3 

resolutions,  95  100  124 
amendments,  69  102 
106  111  112113  117 
131  175  176  177275 
313  334  338  351  361 
403 

5 

149  271  460 
335 
79 


rilliam,  attended, 

amendments, 
petitions, 
Sinking  fund,  to  create, 


Smi 


petition  against, 
th,  Jacob,  attended, 


Simpson,  Daniel  T.,     See  Petitions. 
Signatures  to  constitution,  574  575 

Slavery  to  be  prohibited,  46  77  463 

379 
4 

amendments,  154  356 

Smith,  Edward  O.,  attended,  5 

resolutions,  46 

amendments,  51  176  214 

304  307  317  359 
Smith,  John.     See  Petitions. 
Smithsonian  Institute,  to  provide  for  pay- 
ment of  debt  to,  502 
Smoking  prohibited  while  in  session,          14 
Specialorders,  11 
Special  pleadings,  to  abolish,                    356 
Spencer,  John   VV.,  attended,  5 
resolutions,                    90 
petitions,               104  151 
Stadden,  William,  attended,                             4 
amendments,                   213 
petitions,                         189 
Springfield,  supreme  court,  third  division 

to  be  held  at,  419 

State  debt,  committee  on,  35 

poll  tax  to  be  appropriated  to 

paying,  51 

amount  of,  151 

to  provide  for  payment  of,  194  363 
State  and  County  Organization,  commit- 
tee on,  35 
prohibited    from   borrowing   from 

banks,  315 

geological  survey  of,  394 

to  prescribe    manner    of  bringing 
suit  against,  134 


PAGE. 

State  boundaries  and  jurisdiction,  395 

Stationery  to    be    furnished    by    lowest 

bidder,  83 

Stafford,  Jarfles.     See  Petitions. 
Stock  in  trade,  to  tax,  214 

Suffrage,  committee  on  right  of,  12  3."> 

right  of,  37  477683  180196467561 
Suspension  of  specie   payments  prohib- 
ited, 75  102  103  138  198  230  233 
Superintendent  of  common  schools,  sal- 
ary of,  129137353496 
duties  of,  394 
to  be  superintendant  of  ag- 
riculture, 394 
appointed  by  governor  and 

and  senate,  497 

Supreme  court,  governor  to  fill  vacancies 

in,  160 

Surveyor,  to  elect  county,  140 

term  of  office,  164 

Swan,  Hurlbut,  attended,  4 

amendments,  457 

T- 

Taxation,  28  37  41  58  7480  145  15621421(5 
218  219  221  222  226  309    472 
488  496 
minimum  value  of  land  for,  80  221 

426 

maximum,  rate  of,  88  97 

Tax,  poll,  to  authorize.  26  38  52  212  213  214 

420 
road, 

on  money,  80  214 

auctioneers,  79  80  214 

pedlers,  7980214 

brokers,  79  80  214 

groceries,  79  80  214 

merchants,  79  80  214 

doctors,  215 

lawyers,  215 

clerks  of  circuit  and  county  com- 

/nissioneis'  courts,  215 

toll  bridges,  215 

spirituous  liquors,  229 

land  to  be,  by  appraised  value,          429 
mill,  489  498  510  512 

question  to  be  submitted  sepa- 
rately to  the  people,  489  510  516 
power  to  assess,  80 

poultry,  exempt  from,  80  222 

cemeteries  to  pay,  80  222 

titles,  142  158  222  827  312  425 

payers,  may  pay  pro  rata  on  whole 

amount  of  debt,  195  488 

for  corporate  purposes,  226 

question    of  poll,  to  be  submitted 
separately  to  the  people,  420 


public  lands 


87  130 


persons  not  exempt  from  paying,  74222 
church  property  to  be  exempt  from,    79 

222  226 
to  regulate  sale  of  land  for,  227 


592 


INDEX. 


Thornton,  Anthony,  attended,  5 

resolutions,  49  98 

amendments,  93  133  143 

151    172  269  322  3S9 

391  453  523 

petitions,  45 

Thomas,  William,  attended,  5 

resolutions,  30  51  108  146 

amendments,  127  131   133 

145  150153  165  174  184 

209  214222263269278 

280  303  304  332  389  390 

39*  490  523  531 

reports,  79  110  511  540541 

Thompson,  William  W.,  attended,  5 

amendments,         213 

petitions,  224 

Townships,  committee  on,  20  173 

to  organize,  129  378 

to  appoint  supervisors  of,        173 

Township  officers,  to  elect,  140  173 

organization,    counties    may 

adopt,  446 

Treasurer,  to  elect  county,  140  141 

of  state,  to  elect,  27  37  86 

salary  of,  27  37  86 

term  of  office, 

Tribunals  of  conciliation,  to  establish,  36  58 

Trial  by  jury,  217  253  259 

Trower,  William,  attended,  4 

leave,  202 

Turnbull,  Gilbert,  attended,  4 

amendments,  153  171  222 

430  472 

reports,  140 

Turner,  Oaks,  attended,  5 

resolutions, 
amendments, 

petitions,  177 

Tutt,  William,  attended,  4 

leave,  111 

Tuttle,  James,  attended, 

amendments,  438 

Albert.     See  Petitions. 


u. 


Unfinished  business, 
Unorganized  counties. 
United  States  Bank, 


11 

106436 
60  100  473 


v. 


Vance,  John  W.,  attended,  5 

amendments,    128  214  279 

327  425 

Vacancies  in  judiciary,  how  filled, 
Vernor,  Zenos  H.,  attended, 
resolutions, 
leave, 


PAGE. 

Veto  power,  47  p4 

Volunteers,  resolution  in  relation  to  the     168 
Voting  to  be  by  ballot,  jgg 

W. 

Wadsworth,  Daniel.     See  Petitions. 

Walker,  Charles  T.     See  Petitions. 

Waterman,  A.     See  Petitions. 

Wead,  Hezekiah  M.,  attended,  4 

resolutions,  103287  111 

amendments,  44  128  130 

134  164  184  189  191 

215  406  409  425  445 

reports,        161  173410 

petitions,     137  185  365 

leave,  250 

Wearing  apparel  exempt  from  taxation,  79  80 

Webber,  Thompson  R.,  attended,  4 

West,  Edward  M.,  attended,  5 

resolutions,        41   73  280 

amendments,  203  215  222 

354  367  401  407  463 

Whiteside,  John  D.,  attended,  5 

amendments,       133  175 
201   269  304  308  310 
390  438  460  464 
reports,  no 

Whitney,  Daniel  H.,  attended,  3 

amendments,        76  459 
Wiggins'  loan,  amount  of,  ]52 

Wilmot,  Asahel.     See  Petitions. 
Williams,  Archibald,  attended,  3 

resolutions,  106 

amendments,     132  143 
144  154  229  235  289 
302  312  425  436  463 
orders,  486 

Wilson,  John  A.,  doorkeeper  pro  tern.,         3 
elected  sergeanf-at-arms.  8 
Witt,  Franklin,  attended,  4 

amendments,  184  306  365  379 

478 

leave,  no 

Women,  protection  of,  in  their  property,  79  315 
Woodson,  D.  M.,  attended,  4 

resolutions,    19  21  32  40  43 

173  576 

amendments,  89  174  176212 
253  397  419  421   483  525 
leave,  285 

Worcester,  L.  E.,  attended,  4 

resolutions,  31 

amendments,  39  67 

z. 

Zabriskie,  Capt.,  resolutions  in  honor  of,  148 


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